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VisaJourney.com > General Family Based Immigration Topics > Removing Conditions on Residency General Discussion

Morgan
Someone representing the USCIS Portal gave the following reply to someone else, "A lawful permanent resident is given the privilege of living and working in the United States permanently. Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence." My question is if the marriage took place more than 2 years before the IR1 Permanent Resident card was issued on Oct. 30, 2007, does that mean that there is no condition to it, and therefore the conditional status does not have to be removed?
*Marilyn*
what is the expiry date on your green card?? if it is more then 2 years, you won't need to remove conditions...
Karin und Otto
QUOTE(Morgan @ Dec 27 2007, 02:55 PM) *
Someone representing the USCIS Portal gave the following reply to someone else, "A lawful permanent resident is given the privilege of living and working in the United States permanently. Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence." My question is if the marriage took place more than 2 years before the IR1 Permanent Resident card was issued on Oct. 30, 2007, does that mean that there is no condition to it, and therefore the conditional status does not have to be removed?

Easy way to tell...what's the expiration date on the card? whistling.gif
Morgan
Expiration date: 12-18-17 (Dec. 18, 2017 !!) Thanks.
*Marilyn*
QUOTE(Morgan @ Dec 27 2007, 01:14 PM) *
Expiration date: 12-18-17 (Dec. 18, 2017 !!) Thanks.

so you have the 10 year card... no need to remove conditions because there aren't any good.gif
Morgan
So, does that mean it's "automatic" in these cases, with no need for review?
rjp44
QUOTE(Morgan @ Dec 27 2007, 04:19 PM) *
So, does that mean it's "automatic" in these cases, with no need for review?


Yes, you won't have to go thru filing to Remove Conditions. The only things you will have to take care of is going thru Naturalization if you chose and making sure Green Card is renewed on time if not a citizen.
Morgan
Would you know the answer to this question: If the original intentions of the spouse having been granted the "unconditional" Permanent Residence is immediately suspect upon arrival in the US, and within 2 1/2 weeks has gone to live somewhere else, how can she have her Visa removed: only if it is proven to have been fraudulantly obtained from the beginning upon entering into a marriage, or by divorcing her, or by some other means? We're talking about New Jersey here.

She also does not state her present whereabouts or address. At this point, since she is not living with her spouse, can she liable for not having reported an address change? What role does Affadvit of Support by the US-citizen husband play in all of this?
mawilson
QUOTE(Morgan @ Dec 27 2007, 04:42 PM) *
Would you know the answer to this question: If the original intentions of the spouse having been granted the "unconditional" Permanent Residence is immediately suspect upon arrival in the US, and within 2 1/2 weeks has gone to live somewhere else, how can she have her Visa removed: only if it is proven to have been fraudulantly obtained from the beginning upon entering into a marriage, or by divorcing her, or by some other means? We're talking about New Jersey here.

She also does not state her present whereabouts or address. At this point, since she is not living with her spouse, can she liable for not having reported an address change? What role does Affadvit of Support by the US-citizen husband play in all of this?

You can't have her "visa" removed -- she's a permanent resident, emphasis on "permanent".

If her status is unconditional, there's nothing you can do. You can try and play the "fraud"
blame game, claiming that the immigrant spouse did not enter into the qualifying marriage
in good faith, but it'll be your word against hers, and the law tends to side with the immigrant.

As for the Affidavit of Support, it's going to remain in effect until the departure, naturalization,
or death of the immigrant spouse, or until she secures credit for 40 quarters of work history
in the U.S.
pushbrk
QUOTE(mawilson @ Dec 27 2007, 02:12 PM) *
QUOTE(Morgan @ Dec 27 2007, 04:42 PM) *
Would you know the answer to this question: If the original intentions of the spouse having been granted the "unconditional" Permanent Residence is immediately suspect upon arrival in the US, and within 2 1/2 weeks has gone to live somewhere else, how can she have her Visa removed: only if it is proven to have been fraudulantly obtained from the beginning upon entering into a marriage, or by divorcing her, or by some other means? We're talking about New Jersey here.

She also does not state her present whereabouts or address. At this point, since she is not living with her spouse, can she liable for not having reported an address change? What role does Affadvit of Support by the US-citizen husband play in all of this?

You can't have her "visa" removed -- she's a permanent resident, emphasis on "permanent".

If her status is unconditional, there's nothing you can do. You can try and play the "fraud"
blame game, claiming that the immigrant spouse did not enter into the qualifying marriage
in good faith, but it'll be your word against hers, and the law tends to side with the immigrant.

As for the Affidavit of Support, it's going to remain in effect until the departure, naturalization,
or death of the immigrant spouse, or until she secures credit for 40 quarters of work history
in the U.S.


In short, a permanent resident doesn't need a visa. If you want a divorce, file for divorce. Your spouse has already immigrated to the US.
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