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  • Anoher Marriage Question

    My USC husband moved to a different State, and wants to file for divorce.
    My deadline to apply for the removal of the conditional status on my green card is in December.
    What do I have to do, and what my chances are?

  • #2
    My USC husband moved to a different State, and wants to file for divorce.
    My deadline to apply for the removal of the conditional status on my green card is in December.
    What do I have to do, and what my chances are?

    Comment


    • #3
      You must fill out an I-751 and show that the divorce is happening no fault of your own. Since you made it through the process initially you will have 90 days following the date of expiration of your conditional residency. I would start it now since the marriage is breaking up. Make sure that you weren't the one that filed for divorce cause that will make a difference. Your almost home free

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      • #4
        Don't mislead the lady into thinking she will automatically get her green card. In her situation, there is a possibility she might not get it.

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        • #5
          I work for an immigration law office /non profit agency and just asked our head attorney/director who stated that she shouldn't have any problems based on the fact that the marriage ended with no fault of her own and that it was a true marriage. So yes, she is almost home free.

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          • #6
            ehhhhhhhhhhhhhhh

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            • #7
              There are specific instructions on the I-751 on how to file if you are divorce (but nothing on how to file if you are only seperated and not yet divorced). Although you can apply for that waiver, the onus is on you to prove that the marriage was entered into in good faith and not to evade immigration laws. Who is at fault in the divorce is less important as to what the intent was at the time of marriage. That being said, nothing is a 'sure thing' when it comes to the INS. Although there is a vehicle for applying when you are divorced, that does not mean the INS will grant it. It is up to the opinions of the specific INS staff handling your case. No lawyer can say "You will have no problems"... The INS is an organization where logic does not always come into play...

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              • #8
                Just a follow-up... If you do not file during your 90 day window - YOU WILL BE DEPORTED. So at the very least - file the I-751... Any chance is better than no chance at all...

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                • #9
                  Well, it's pretty much as ARQU puts it...

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