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I-751 waiver and divorce

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  • I-751 waiver and divorce

    Hi, all:
    I have a question which related to divorce and I-751 waiver.
    In my case, since the name check takes such a long time as everyone knows, I got my conditional greencard 2 years after the first interview.
    right now our marriage goes nowhere, both of us decide to end it.
    My question is: my conditional green card only approved one month ago even though our marriage has already last more than two years, and we dated for six years, but I don't keep any receipts for the flowers, dinners..., who knows I need them later I heard the chances to get I-751 waiver for good faith is 0% if less than 3 months, I am not sure the 3 months indicates which period, marriage or conditional residency?
    another question: if we decide to divorce, who should file it first, me or him. shall we seperate first, is it required by NYC law??
    third question: since we did not expect this happening, we didn't collect much evidence for this purpose, we just start to work on this after we read the instructions on my conditional residency card. is it required to get all evidences from the begining of our marriage?
    forth question: Can my husband write a affidavid letter to prove that our marriage was based on good-faith? Is it necessary? or it is totally ridiculous?
    Thanks in advance.

  • #2
    I have read others' thread, some answers are very brutal, so I have to clarify some of my questions.
    First of all: I don't need to apply GC through marriage, my employer sponsor me on my H1B.
    Second: We can wait for more than 3 months after my conditional GC approval before we file divorce of course, it is no problem for us.
    I just try to understand lots of things.


    • #3
      Hi Jnethi,

      A few questions. Is your husband a USC? It would also be helpful if you give the date you were married and the date your conditional green card was issued. A timeline is always good to help others better understand your situation.


      • #4
        Thanks ProundUSC.
        Yes, He is a US citizen.
        and my timeline:
        1/20/2006 married
        4/12/2008 conditional GC approved


        • #5
          I guess I don't understand, Jnethi, why you have a conditional green card instead of a permanent one since you have already passed the two year mark on your marriage. Please read the following which explains better than I can.

          If the marriage is less than two years old when the foreign-born spouse becomes a permanent resident, the green card will expire after a two-year period. Both spouses must submit a joint petition (form I-751) to remove the two-year condition within the 90-day period immediately preceding the end of the two year period.
          If the marriage has terminated by reason of divorce, death of the citizen spouse or spousal abuse, the foreign-born spouse may apply for a waiver of the joint petition requirement.

          On April 10, 2003, the CIS issued a policy memorandum which states that a person who has obtained permanent residence based upon a marriage to a U.S. citizen can not submit an application for a waiver of the joint petition requirement based on the "good faith" marriage exception to the joint petition requirement until the person has obtained a final dissolution of the marriage.


          • #6
            Thanks. powerusc:
            I was explained that I applied for GC before 2 years marriage. I will fall into the category you mentioned if I waited to file until 2 years marriage in the first place.


            • #7
              Chcek your state laws, because there may be a mandatory separation period for divorce. My recollection is that NY may be such a state. In which case, you would file a waiver of the joint I-751 once you have a divorce decree. If there is a separation period, even though you are no longer residing together, you would still have to wait for the decree before you could petition to remove conditions. The INA states that an alien divorced does not have to wait until 90 days prior to the expiry date of the conditional green card in order to file the waiver. This becomes an issue if an alien is waiting to receive a decree, and the GC expires in the meantime. So check it out, before delaying a divorce.


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