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  • Divorce

    I have temporary residency status through marriage to an American man. He wants a divorce. I am due to receive permanent residence status 1 year form now. Will I have to abandon the process when we divorce?

  • #2
    I have temporary residency status through marriage to an American man. He wants a divorce. I am due to receive permanent residence status 1 year form now. Will I have to abandon the process when we divorce?

    Comment


    • #3
      no you wont have to abandon the process. You can file for removal of the condition on your own with a waiver. However, I would suggest that you manage to get through the year and get your ten year GC. Give him good time for one year and you will be ok. Just a thought.
      The waiver process might be really costly both in financial and emotional terms.

      Good luck

      Comment


      • #4
        omahgawd, cisse, who are you? I need to talk. What is a GC?

        Comment


        • #5
          "give him good time"???????????????????????

          Brenda, sounds like you have a conditional green card? (GC) There is a waiver process available if a marriage doesn't last long enough for the alien to get restrictions removed from their green card. You do have to prove the marriage was bonafide. There are MANY posts on this board about it, do a search. It's called filing the I-751 and every detail of almost any situation has been discussed and some threads have been recently. You can look on page 2 and 3 and find some.

          Comment


          • #6
            Thank you for your post. I have a permanent resident (plastic) card that expires June 22, 2006. I also have a plastic employment authorization card that was valid from March 03 to March 04. Is that the GC?
            I also have a Social Security (green paper) card that say it is valid for work only with INS authorization.
            I will go look at the posts you suggested.

            Comment


            • #7
              A permanent resident card is a "green card". The EAD (employment authorization document) is moot now that you have the green card. It is normally collected at the adjustment of status interview. A social security card is another document separate from a green card or EAD. You should have it updated so that the restrictive warning on the front ("valid for work only with INS authorization") is removed. You can visit any social security administration office and show them your green card. They will update your file and reissue you a social security card without the restriction.

              Because you already have your conditional green card (valid for 2 years), you are already considered a permanent resident of the US. If you get divorced, you can immediately file to remove the conditions on your 2-year card. If you remain married, you must wait until 90 days before the card expires (June 22, 2006 minus 90 days) to send in your I-751 to remove conditions.

              So, if anything, the divorce will speed the process up (ie you can immediately file to remove conditions). Divorce does not mean that you have to abandon your permanent resident status. Good luck.

              Comment


              • #8
                All of the above post is correct, but if you do not have a divorce decree or judgment by the time you must remove conditions from your permanent residency you will not be permitted to file the I751 until the marriage is legally terminated. If separated or in divorce proceedings, but not divorced when time comes to remove conditions, you should inform the Service Center.
                The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                Comment


                • #9
                  Lenariuss,

                  There are some situations which permit an alien to petition alone (waive the joint filing requirement) for removal of conditions. In such cases, the alien is not required to await the 90 day window. If submitting an I751 after a divorce is final, the alien must be able to prove that the interest in marrying a U S citizen was not to get around immigration laws.

                  Yes, filing an N400 often precipitates action and a decision on an I751.
                  The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                  Comment


                  • #10
                    There are instances on this forum where people filed the n-400 before getting 751 processed. Hasn't there also been an instance where they were processed at the same time?

                    Comment


                    • #11
                      Still Learning,
                      Correct. The N400 cannot be approved unless the conditions have been removed. At the time that USCIS is ready to make a procedural decision (adjudication) on the citizenship application, if there is a pending I751, the current practice would be for the I751 to be transferred to the district office. An interview for the N400 would be scheduled and the officer should approve the I751 and then the N400 (concurrently), if all goes well.

                      If for some reason the I751 is not approved, of course, the N400 would not be approved either.
                      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                      Comment


                      • #12
                        I quote from the I-751:

                        "Filing with a request that the joint filing requirement be waived. You may file this petition at any time after you are granted conditional resident status and before you are removed."

                        As for filing an N-400 prior to an I-751 being approved, I did just that. There is no requirement that one have an approved I-751 prior to submitting an N-400. As has already been said, the two are often adjudicated together if the I-751 is still not approved at the time of the N-400 interview.

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