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Results 1 to 8 of 8

Thread: Removal Of Condition in case of Divorce for CGC

  1. #1
    Dear Members,

    I have read a lot of conditional GC cases on the forums and my case is similar, but has unique situations. Hope to get good responses and guidance. Thanks in Advance.

    I was married to US Citizen (She is from my country) in 2007 in US at church and followed by reception. Her and my family, relatives and friends were present for the marriage as well as for reception. I was on my company H1B till 2009 and she had asked to apply for status change. Got my conditional GC in Oct 2009. The expiration date is Oct 2011 on the card. Things are started changing from her and her family side. Not in a position to take it any more. She doesn't want children even. I do not see any future with her. We do not own any joint property. Their family is trying to take undue advantage of my state (because of this conditional GC) and want to squeeze benefits from me. But there is no material evidence to prove the same.

    I have gone through various forums and found that it is very difficult to apply for wavier of joint filing for men. But somewhere I have read that It all depends on the attorney on my side. Kindly advice on the following situations:

    1) Kindly suggest what is the best way to waive the condition? As I don't see the future in this relation, Is it good idea to initiate divorce from my side or wait till she initiates the process?

    2) In case of divorce, Do I need to leave the country right away after the divorce or can wait till USCIS decision?

    3) If my I-751 with waiver case was denied, how much time or days I will have to wind up stuff in US and leave the country? (As I may be working or having lease or have to sell my car). Could you please explain the deportation process in this case ?

    4) If I lost the case, can I come on my new H1B in future and apply employee based green card ? Will the past case impact my future prospects?

    5) Is there any way to get Canadian Citizenship using US conditional green card ?

    Once again thank you so much for taking your time in reading my case and hope to get some guidance.

    Thanks!
    Sunny

  2. #2
    Dear Members,

    I have read a lot of conditional GC cases on the forums and my case is similar, but has unique situations. Hope to get good responses and guidance. Thanks in Advance.

    I was married to US Citizen (She is from my country) in 2007 in US at church and followed by reception. Her and my family, relatives and friends were present for the marriage as well as for reception. I was on my company H1B till 2009 and she had asked to apply for status change. Got my conditional GC in Oct 2009. The expiration date is Oct 2011 on the card. Things are started changing from her and her family side. Not in a position to take it any more. She doesn't want children even. I do not see any future with her. We do not own any joint property. Their family is trying to take undue advantage of my state (because of this conditional GC) and want to squeeze benefits from me. But there is no material evidence to prove the same.

    I have gone through various forums and found that it is very difficult to apply for wavier of joint filing for men. But somewhere I have read that It all depends on the attorney on my side. Kindly advice on the following situations:

    1) Kindly suggest what is the best way to waive the condition? As I don't see the future in this relation, Is it good idea to initiate divorce from my side or wait till she initiates the process?

    2) In case of divorce, Do I need to leave the country right away after the divorce or can wait till USCIS decision?

    3) If my I-751 with waiver case was denied, how much time or days I will have to wind up stuff in US and leave the country? (As I may be working or having lease or have to sell my car). Could you please explain the deportation process in this case ?

    4) If I lost the case, can I come on my new H1B in future and apply employee based green card ? Will the past case impact my future prospects?

    5) Is there any way to get Canadian Citizenship using US conditional green card ?

    Once again thank you so much for taking your time in reading my case and hope to get some guidance.

    Thanks!
    Sunny

  3. #3
    to remove conditions, you need solid evidence that you were married in good faith. You have to provide good faith marriage waiver, joint account is one of the evidence to prove that your marriage enter in good faith but if you don't have its ok. there are other ton of ways to prove that, Ex: joint medical insurance, joint lease, marriage picture, reception pictures, joint properties, joint club membership, utilities bill etc.) affidavits from the people who knows you as husband and wife, letter from chruch you both goes to etc.
    these are the required documents goes alon with waiver.

    No you don't have to leave country because your GC is still valid. you should remove condition and if you are uncessful USCIS will send you letter to leave., or you can fight, appeal etc.. Divorce does not make alien to ineligible or revoke the conditional immigration status automatically neither it rip off your immigrationstatus on the day when divorce is final. as long as you have valid status you are legal.
    Its a discussion, not a legal advise..

  4. #4
    I don't believe a word this visa cheat said, and neither will ICE. Therefore, let me be the first to say to you: BYEEEEEEEEEEEEE!!! and say out!!!

  5. #5
    Like Mohan says, you need to show that you were married in good faith. The only effect that a divorce has on someone with a green card is that it will delay full citizenship.
    Always interested in the H1-B visa, the Eb-5 Visa Program and other Eb5 Investor Visa related issues.

  6. #6
    Buddy, your case looks like a clear case of marriage fraud. Remember, USCIS looks not just for a bonefide marriage, but for fraud.

  7. #7
    Hi, I was married in nov 2014 N i got my conditional green card on 10th Jan 2016. It's been 5 months I've been to US, illinois from India and it was an arranged marriage.
    now, things have changed my hubby commands me...criticises me for each act of mine, abuses me daily, threatens me to deport me to India n divorce me, physical abuse.no money ..doesn't allow me to work and does not spend a single cent on me. Please tell me how do i go about to file a divorce without affecting my green card status coz I will face a lot of difficulties if I'm deported to India since this is my second marriage.

    Plz gimme a good advice. How do i go about since i do not have money n no friends. I'm an Indian Muslim girl who has done master's in computer sciences. I can stand on my own feet. Plz help me

  8. #8
    Quote Originally Posted by perly View Post
    Hi, I was married in nov 2014 N i got my conditional green card on 10th Jan 2016. It's been 5 months I've been to US, illinois from India and it was an arranged marriage.
    now, things have changed my hubby commands me...criticises me for each act of mine, abuses me daily, threatens me to deport me to India n divorce me, physical abuse.no money ..doesn't allow me to work and does not spend a single cent on me. Please tell me how do i go about to file a divorce without affecting my green card status coz I will face a lot of difficulties if I'm deported to India since this is my second marriage.

    Plz gimme a good advice. How do i go about since i do not have money n no friends. I'm an Indian Muslim girl who has done master's in computer sciences. I can stand on my own feet. Plz help me
    There are two separate issues here: the marriage issues and the immigration issues.

    First, if somebody is physically abusing you, your first priority is to get out of that situation right away, regardless of what country you are in or what your status is. Call the police to document it if necessary. Find a group that helps victims of domestic abuse.

    Even if he is not physically abusing you, the pattern of him commanding you and not respecting you, and even threatening you, doesn't seem to indicate that he really loves you. If this can't be resolved, then you should be the one threatening to divorcing him. You are both adults and equals in the marriage and you are not dependent on him. Either of you can end it if not satisfied with the marriage.

    Immigration-wise, you are a permanent resident and your status is between you and the government. Your husband does not own you or your status, and cannot "deport" you or do anything else with your immigration status. Divorce by itself will not affect your permanent residence status. The idea that the US-citizen spouse somehow controls the immigrant spouse's immigration status is so sickening and ignorant of the law at the same time.

    As a conditional permanent resident, you have to apply for Removal of Conditions. If you remain married and both people are willing to file, then this is normally filed jointly by both people in the 90-day window before the 2-year card expires. However, you can also file by yourself, either after divorce is final, or on the basis of physical abuse (you can be either married or divorced). If he is not going to be willing to file jointly with you (as it seems), or is going to make unreasonable demands of you in order to do it, you should start filing for divorce now. If you file on the basis of divorce, your divorce needs to be final before they can approve the ROC; in this case it is better that the divorce is filed early so that it can be finished by the time you file ROC, or else it will be a hassle (though if the 90-day window comes and your divorce is not yet final, you should file ROC on the basis of divorce anyway and not wait). Although you can also file under the basis of physical abuse without being divorced, that basis is harder because it requires you to prove the abuse. So it is safer to divorce and file on the basis of divorce, or file on both bases (you can select multiple bases of filing).

    You should start collecting copies of as much proof of bona fide marriage as you can now. This can be evidence of financial comingling like joint accounts, joint leases, having each other's names on health insurance, auto insurance, bank account beneficiaries, etc. You should collect them now because if you guys separate and/or file for divorce, you may lose access to some of those documents.

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