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  • 751 and Divorce.

    Hello,
    I currently have a Conditional Permanent Residency thru marriage to my wife (married for about 20 months now).

    We have been separated for 2 weeks now and may be on the road to divorce if things don't improve soon. I called the INS to ask about my application and was told it would be terminated because of the length of marriage (< 2 yrs). I spoke with a lawyer who simply said - quote "Don't listen to the INS". I am confused here and would like to know my options and chances of getting my permanent card approved if we divorce.

    My 751 application is not due till next year but the lawyer said I should file on basis of separation which sounds odd. Do most cases which end in divorce get denied? My marriage is based on good faith and my wife was pregnant cuz of me just before our marriage (and had a miscarriage early in the pregnancy). Not sure if all these facts will help in proving the validity of our marriage?

    F

  • #2
    Hello,
    I currently have a Conditional Permanent Residency thru marriage to my wife (married for about 20 months now).

    We have been separated for 2 weeks now and may be on the road to divorce if things don't improve soon. I called the INS to ask about my application and was told it would be terminated because of the length of marriage (&lt; 2 yrs). I spoke with a lawyer who simply said - quote "Don't listen to the INS". I am confused here and would like to know my options and chances of getting my permanent card approved if we divorce.

    My 751 application is not due till next year but the lawyer said I should file on basis of separation which sounds odd. Do most cases which end in divorce get denied? My marriage is based on good faith and my wife was pregnant cuz of me just before our marriage (and had a miscarriage early in the pregnancy). Not sure if all these facts will help in proving the validity of our marriage?

    F

    Comment


    • #3
      This will help you:

      http://www.ins.gov/graphics/howdoi/remcond.htm

      I think both the INS person you talked to and that lawyer are wrong. You're going to want to double check with another lawyer.

      You can do it on your own but you're going to have to prove that your marriage was entered in good faith.

      That page says that people who are eligible can be:
      "You entered into a marriage in good faith, but the marriage was ended through divorce or annulment."

      They don't say anything about duration of marriage in a divorce case.
      Get all the documents you can proving that your marriage was a real one, mortgates, car loan, bills, whatever you can.

      Good luck to you.

      Comment


      • #4
        So as long as I show proof of real marriage the case won't be denied based on some INS agent's dislikes/likes of immigrants? Thats what I am worried about since I have heard that complications w/these cases must be avoided and also that the case is decided BASED on the view of a particular agent which would be variable (which does not make any sense) plus they would automatically assume it is a sham marriage if there is a divorce.

        I already double checked with another lawyer who said the opposite i.e. my chances will be very low due only my being only a conditional resident and advised me to stay married (so i am getting two opposite views from two lawyers and the INS says one thing on the phone and states another thing on their website).

        I have some bills and papers but since our first interview (when I got approved for my conditional residency) we just stopped collecting as much proof as we used to. I only have bills for utilities, car payments, credit cards bills, leases, rent receipts, health insurance papers, separate car insurance (due to accidents on her record), and only a letter from our old bank which shows that we had an account there before our separation. Are these kind of papers enough?

        Thanks for your quick response!

        Comment


        • #5
          Well whether it is approved or not, I don't know. You would think it would be fine. I really don't know how many people file on their own after a divorce and get approved. Perhaps someone has been through that and wants to share.

          You may want to go down to the local INS office and see what they say.

          Get all the papers you can..

          I wish you the best of luck.

          Comment


          • #6
            There are no guarantees when it comes to the INS. Although it IS up to the person at the INS office to make the decision (so you are subject to their likes/dislikes/opinions), there is a due process. If denied, you have the right to appeal. But the burden of proof is on you to prove that you are complying with immigration law. The INS does not have to prove that you are not.

            Noby can tell you what your chances are. Not a lawyer, not someone who answers the phone for the INS - not even the person behind the counter. It is up to the ajudacater that hears/processes your case.

            Comment


            • #7
              Thanks for your responses. It took me sometime to find this buried in here .

              We are well on our way to divorce and we will most likely file it next month. Do I have to wait till the divorce is finalized or should I inform the INS and start applying for removal of conditions immediately based on "filing for divorce"? Also what about my current Conditional Residency? Will that get terminated or extended till the INS interview? I am asking cause I still need to work and my CPR is my work permit.

              Comment


              • #8
                I think you just need to file it when your card is about to expire but I could be wrong.

                That's just my 2 cents worth.

                Comment


                • #9
                  But what happens to the CPR I have now? Will it be terminated immediately upon divorce by them or is it still valid till its expiration date? I just want to let INS know of any changes in my status so that there won't be any problems later on.

                  Comment


                  • #10
                    go to http://k1.exit.com they have a link that tells you exactly what to do in this case...

                    Comment


                    • #11
                      I have one that has been in Investigation since 1999. It was post divorce too. I dont know if it will be approved or not, and I too have heard different stories. Good luck but get ready..its a very long road with alot of waiting and waiting and make sure to continue to get the I-551 stamp in your passport or you will be considered out of status

                      Comment


                      • #12
                        what is the implication of filing for divorce after filing for removal of conditional residence even though your i751 has not been approved by ins.your marriage is over two years now.
                        any reply will be appreciated.

                        Comment



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