I am currently a conditional GC holder, and my marriage right now is really shakey. What happens if we file for divorce? Am I allowed to stay or do I have to go back to my home country?

Thankyou

You can apply to remove conditions after the divorce on the grounds that you entered into the marriage in good faith....

Sorry to hear you are having problems...

Kezzie

I agree with Kezzie on this, sorry to hear that you are goign through this.
Marsha

Thank you.
I was wondering has anyone on this board been sucessful at removing their conditions based on "good faith"? Is there a certain time limit that you have to be married? I am not sure if the 2 year rule applies or not. I do have a valid marriage, and all the proof needed to prove that. I am concerned at the uncertainty of all this. Not only is my marriage falling apart, but now I have to think of the future here or to go home.
If anyone could shed some light I would appreciate it.

You must be married beyond the award of the conditional green card in order to qualify to petition to remove conditions and waive the joint filing requirement. Length of marriage is of less concern than the evidence to support the bone fides of the marriage and demonstrating that upon entering the marriage the intent was to share a life together as husband and wife.

You must be married beyond the award of the conditional green card in order to qualify to petition to remove conditions and waive the joint filing requirement.



What do you mean by that statement? I have the conditional GC in hand and have been married for almost 2 years. We are trying to work our issues out, however in the event that things dont work out. I have to think of what next.

pacman,

You really should have a consultation with an immigration attorney who can review the facts of your situation with you, and give you some advice on how to best present those facts should it come to a divorce. Find one who concentrates on family-based immigration, as opposed to employment based, and preferably who has experience with your situation.

Many conditional LPRs who divorce are successful in removing conditions and retaining their LPR status.

Yodrak

Hi I think we had the similar issue, actually my husband and i just divorce last week , Im also wondering what should i do. I have 2 years conditional green card too and our marriage enter in agood faith, but at the last few months of our marriage we dont live together anymore, so i dont know how can i prove or give evidence of our relationship when i remove my condition by myself.. Pls help us!

Sorry to have appeared so cryptic. What I mean is that unless you have received a conditional green card, one does not have the privilege of securing legal permanent residency except if battered and subjected to extreme abuse. Once one receives a conditional green card, and subsequently divorces, the alien can petition to remove conditions alone, by way of a waiver. How long? There's no real answer to that question. Regulations specify that the alien must be able to demonstrate a bona fide marriage. One alien may be able to do that within a matter of months after receipt of the conditional green card, and yet others, that have been married for longer may not. It all depends upon the specifics of *your* marriage and evidences.

When petitioning with the waiver, include all evidence of cohabitation and joint mingling of finances, policies, and social lives for as long as you were married. In the event that a couple separates, *some* evidences may not necessarily be available (such as evidence that they live in the same residence, share bank accounts etc), BUT some evidences may still be available (beneficiary information on life insurance policies, for example, may be extant until the marriage is legally terminated).

P.S. If you have a divorce decree, you can petition to remove conditions right away. You do not have to wait until 90-days before the CPR expires.

I hope things work out

Thanks for the reply, appreciated.. on your P.S quote, why do i need to remove conditon right away after i got my divorce decree? whats the different if i wait till my 90 days CPR expires to apply.

You don't "need to" remove conditions right away.... What mermaid is saying is that you CAN begin to file for the waiver as soon as the divorce decree is final, and don't need to -wait- for the expiration date of the CPR.

however, my immigration attorney told me that the CIS does look closely at divorce cases where the marriage ended prior to the Permanent residency being granted. Others have disputed this, but all I know is what I was told.

If the CIS wants a bunch of additional information and/or proof from you (not that they would, just that they COULD), wouldn't it be better to start the process now?

Jeeez, reading these boards, I don't feel so bad, I guess I'm not the only one in town who's marriage went south after the alien immigrant got here... maybe we should have an "unsuccessful marriage" forum within this group to discuss some of the problem we all have run into.

If it helped ONE other couple avoid some of the pitfalls, it might be worthwhile.. but who knows, maybe some of us just need to unload our thoughts over what started so wonderfully and turned so damn sour...

Sucks, doesn't it?? <sigh>

-- Dan

Hi Dan, thansk for the reply, I just dont understand this part " You don't "need to" remove conditions right away.... What mermaid is saying is that you CAN begin to file for the waiver as soon as the divorce decree is final, and don't need to -wait- for the expiration date of the CPR.?"
What's the different of file the waiver and remove the condition?

Filing the waiver is the process to remove the "conditions" on a marriage that has terminated in annulment or divorce, when both parties (ex-spouse) will not be filing the I-751 application jointly. In other words, one "waives" the joint filing requirement for form I-751 with the waiver. In actual fact, one uses the same form, and attaches the same sort of evidence, but there is a specific box on I-751 that must be ticked by an alien "self-petitioning" and the alien can apply as soon as the divorce is final.

As a post script, there's no benefit to waiting until the conditional green card is about to expire (90-days prior) in the event of a waiver, as there would be little additional evidence that could accumulate to assist the applicant, and in some cases, the waiver can take longer to be adjudicated.