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Thread: I 751 revoke after getting green card

  1. #1
    Hi every one
    became conditional permanent resident in Sep 2004. I was living with my wife in Ohio. I filed I 751 in June 2006 after completion of 1 year 9 months. My wife is in school. I have to move to Florida on work purposes and was staying in Florida since 2006 to till date. I got permanent green card in Dec 2006. I was supporting my wife, visiting her and paying her bills till 6 months ago even though things are not going well. Six months ago I told her that we should get divorced. She filed for divorce in PA and getting Alimony / spousal support from me. My attorney said to me that she wont give you divorce and will stay on APL for ever. He filed in court that we separated in June 2006. The case is pending in the court. My worry is what if Court says that if we have been separated in June 2006 how can I have a GC as my I 751 is approved in Dec 2006 when we are separated as per the court.

    Can my card will be revoked if filed for separation

  2. #2
    Hi every one
    became conditional permanent resident in Sep 2004. I was living with my wife in Ohio. I filed I 751 in June 2006 after completion of 1 year 9 months. My wife is in school. I have to move to Florida on work purposes and was staying in Florida since 2006 to till date. I got permanent green card in Dec 2006. I was supporting my wife, visiting her and paying her bills till 6 months ago even though things are not going well. Six months ago I told her that we should get divorced. She filed for divorce in PA and getting Alimony / spousal support from me. My attorney said to me that she wont give you divorce and will stay on APL for ever. He filed in court that we separated in June 2006. The case is pending in the court. My worry is what if Court says that if we have been separated in June 2006 how can I have a GC as my I 751 is approved in Dec 2006 when we are separated as per the court.

    Can my card will be revoked if filed for separation

  3. #3
    Hello Lax and welcome to the forum

    First up.. fire your lawyer and seek a more experienced one that also has experience in immigration details.

    Seperation in June was for work. After your wife finished her school, why did she not relocate with you to florida? In fact it sounds like she moved to PA... or is that where she was from and was temporary in Ohio?

    In anyways, it does not sound like this was a on going bonafide marriage after June2006 or somewhere in between. Were you still bonafide at Dec 2006? If so, then 10yrs card was ok.

    What is the real date that the marriage stopped ? Was it after Dec 2006? if so, that would be ok. Why not list the real date that the marriage ceased to be working?

    Your lawyer was trying to invoke the 2year seperation period that Pa needs to seek the divorce. Pennywise and pound foolish in this case because it can get your greencard revoked, and your marriage looked at as a sham/fraud.

    It was better to be honest and list the real date of the failed marriage. If it was 2006 June, then so be it. You would have to go back and file a 751 waiver and include the same evidences and wait for approval.

    Once you get the divorce final decree (after the 2 yr seperation) then you will take the decree to domestic relation family division and request that the spousal support be stopped as of that date. She will only get it forever if you do not take in the decree and ask for it to stop.

    What was the date listed on the spousal support order for seperation date? If she listed June 2006, then this is your answer, and you will have to deal with it.

  4. #4
    Thank you for your detailed response. My wife is a PA resident and moved to Ohio for school.I was paying her bills till Jan 2008. There was never a official separation date between us. I am paying spousal support since Aug 2008.
    I got my green card in Dec 2006. I moved to Florida in June 2006 after filing 751. In January 2007 my wife emailed saying that our marriage is over. As I mentioned I was paying all the bills till Dec 2007.
    She mentioned in the phone that she does not want to come to Florida to live with me. But there was no proof.Can I Jan 2007 as my separation date. Thank you

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by laks:
    Thank you for your detailed response. My wife is a PA resident and moved to Ohio for school.I was paying her bills till Jan 2008. There was never a official separation date between us. I am paying spousal support since Aug 2008.
    I got my green card in Dec 2006. I moved to Florida in June 2006 after filing 751. In January 2007 my wife emailed saying that our marriage is over. As I mentioned I was paying all the bills till Dec 2007.
    She mentioned in the phone that she does not want to come to Florida to live with me. But there was no proof.Can I Jan 2007 as my separation date. Thank you </div></BLOCKQUOTE>



    You are a quick study. Jan 2007 is perfect. Still you have to see what she used as seperation date at the courts. Have your attorney redraft the divorce seperation date by amending the divorce.

    You are treading thin on this ice... just so you know. make sure there is every evidence that you were in this marriage until jan 2007, or you will be discovered when you apply for citizenship at the 5yr mark. they will look at the divorce papers and look at the seperation date.

  6. #6
    Thanks 4NOW for your reply. So I should ask my attorney to change it to Jan 2007 instead of July 2006. I have to answer same thing in the discovery process sent by my wife's attorney.

  7. #7
    You can be deported if USCIS finds out about your divorce.

  8. #8
    But I did not have divorced yet. In PA you can claim for divorce if you are separated for 2 years. Thats what my attorney is trying to do which may be risky as it is overlapping with I 751 application time. But I guess it should be OK if its after Jan 2007.
    Please let me know if I am wrong. I donot take any risks now.
    Thank you

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by laks:
    But I did not have divorced yet. In PA you can claim for divorce if you are separated for 2 years. Thats what my attorney is trying to do which may be risky as it is overlapping with I 751 application time. But I guess it should be OK if its after Jan 2007.
    Please let me know if I am wrong. I donot take any risks now.
    Thank you </div></BLOCKQUOTE>


    Jan 2007 date is ok as long as that is the truth. Did you change to a Florida drivers license and have evidence showing that you moved during that six month period? this is a paper trail just so you know.

    It is not that you have to wait two years to be seperated to file for divorce. You could have filed at any time. If she was willing to sign it could have been over within 90 days. It is only if she contested it, or refused to sign that you had to wait the 2 yr seperation period.


    How was your wife able to get spousal support? Was she sick/temp disabled? I am surprised that she was able to get it because the divorce was not filed. Sounds like your attorney was asleep.

  10. #10
    Quick Study??? Too Quick!!!
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

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