iam suffering a lot with a woman that i married ,she is USC and we were married for a year now,we got divorced yesterday,i have a green card for two years ,the reason why we got divorced because she turned to be very nasty woman and she is always mean to me ,so i could not take it because iam a very nice person and we decided to get divorced,
my questions are, will i be able to recieve the green card for 10 years when this one expire ?because i have a lot of credits to pay in my counrty egypte and here and its gonna take a long time to pay, and if i cant do i have to hire a lawyer or somthing ?thanks,sorry but i could not take that woman she really hurt me a lot i could not take it iam emailing this and crying

no, and stop crying, youll fry your keyboard. just kidding

===*
What if I Am No Longer Married?
Generally, if you are no longer married, you can request a waiver of the joint filing provision. This includes:

If you are a widow or widower of a marriage that was entered into in good faith
If you are divorced, so long as the marriage was entered into in good faith
If you or your child were battered or subject to extreme hardship by your spouse


-------------------------
you will need a Divorce Waiver. This is when you get a divorce and file the Petition to Remove the conditional Residency by yourself. You would show that you are divorced and then provide sufficient evidence that the marriage was bona fide and real and was not entered into for purposes of obtaining the Green Card. If approved, then you would be issued the permanent Green Card even though you were divorced and filed the petition by yourself.

meaning., make sure you have evidence of the claimed "Abuse".... if you still speak to her make her sign a statement that you were "truely married".,., and so on....

Sorry to hear of your problem texo. However, it is my understanding that this is exactly the reason the initial card expires in 2 years instead of 10. If the original relationship that brought you here breaks down, your reason for being here no longer exists and therefore USCIS has no reason to issue you the 10 year card. It is very difficult (though not impossible) to show this was a legitimate relationship that broke down and as a result you should be allowed to stay for "hardship" reasons.

This is just my understanding from conversations with my immigration attorney but each case is unique. I think your best bet would be to consult an immigration lawyer and explore what your legal options are.

Good luck to you however it turns out!

[[This is just my understanding from conversations with my immigration attorney but each case is unique. I think your best bet would be to consult an immigration lawyer and explore what your legal options are.

Good luck to you however it turns out!
[/quote]


Sorry to hear about the Divorce it happens to the best of us.
Anyway yes you can self petition and file it as soon as you have the summary of dissolution back and signed by the courts.

You need to get the i-751 and file it requesting a waiver to self petition based on your Divorce the form is simple to fill out.

Make sure that you can prove that the marriage was in good faith and not for the purpose of a Green Card send them as much evidence with the petiotion that you can get your hands on.

Looks like there a few of us in the same boat right now it will work out have faith well thats what I tell myself

For sake of consistency with the regulations, one of the grounds for waiver of the joint filing of an I-751 is referred to as either the Bona Fide Marriage or Good Faith Marriage Waiver.

and...

an applicant not only can, but is encouraged to apply for the waiver of the joint filing requirement based upon any of or all of the three available grounds that apply ~ Bona Fide Marriage; Extreme Hardship or Battered Spouse (inclusive of emotional abuse)

http://www.uscis.gov/graphics/formsfee/forms/i-751.htm

click on the download and it has the instructions. Who can apply etc etc

Everything Randy has said is wrong. Listen to the other posters instead.

Seconded

Maybe feed it back to your lawyer and ask for a reclarification. Either you misunderstood what she said, or she told you the wrong thing.

HI!
You can file the I-751 at any time now on your own as you;ve got divorced.
Read the www.uscis.gov
But you have to prove that your marriage was entered in good faith so you need to submit all the necessary evidence with the I-751 as joint all sorts of statements and documents.....
I am very sorry to hear about your situation and i hope you;ll find a nice woman next time.
Best wishes.
Sincerely.

wrong......wrong.....and wait!!!.......wrong again.

Gath all your documents that you have with your now "ex" wife, such as joint phone,utilities, maybe joint filed tax incomes (if you's did one together),affidavits from friends, rent contract together or house, gather as much as possible,...send it in, and it should be alright.

thanks for your caring guys thanks so much iam heart broken ,i will do what you asked me to ,i have a question what does (to Remove the Conditions on Residence) means?thx again.

You have a conditional green card (valid for two years) based upon the fact that your marriage was less than 2 years old when you adjusted status. The 'conditions' of your permanent residence will have to be removed, before you will receive a 10-yr card. Normally, the couple files to remove conditions on the residence 3 months prior to the expiration date noted on your card, but in your case, since you and the US citizen have divorced, you can file the application now. You will be waiving the joint filing requirement, based upon one or all of the three waiver categories, that I mentioned earlier.

Form I-751 is the document that must be submitted, along with any and all evidence you have that demonstrates that the marriage was genuine, and not entered into in order to gain immigration benefit alone. If you look at the guides on VJ, under Removing conditions, there's a good starting point to prepare your evidence list. Since yours is a waiver, and details pertaining to that might be scant in the "guides" here, feel free to query after you've read up on the process in general. Of course, in any case, or in a case that is not straightforward and complicated, a consultation with an immigration attorney is advised.

In my own opinion, if somebody's marriage has reached an irrepairable stage, then instead of prolonging the agony and trying to file jointly, it is probably a better idea to get divorced (even if the USC is willing to sign the petition).

I believe (and once again this is my opinion, don't mean to start a war here) that this is the alien's way of saying to the INS that, "Hey, I am the alien spouse, my marriage did not work out and instead of lying to you, I am telling you the truth. So instead of trying to circumvent the laws, I have instead, decided to get divorced and file this petition on my own, alongwith the necessary evidence, thereby being truthful."

I personally recommend this approach.

Hello,

I am sorry about your divorce, you may still get the permanent GC of 10 years and you need to prove that you guys did not marry just to get the GC for yourself. You also need to prove that you are treated badly by your spouse and now you want to have the self petition process to remove the conditions.

That is not true.

What isn't?

jonty's post

That part--sorry, I'm on the psycho computer again.

And notice how he/she/it apparently joined VJ *just to post an answer here*.

Seriously, what is with all the newbies who are just starting the K-1/K-3 process who keep coming here to the I-751 forum and answering questions on the I-751 process when they clearly have no clue whatsoever as to anything to do with the I-751?

Obviously, he knows what it means.

[quote name='texo' date='Oct 2 2006, 03:55 PM' post='483845']
iam suffering a lot with a woman that i married ,she is USC and we were married for a year now,we got divorced yesterday,i have a green card for two years ,the reason why we got divorced because she turned to be very nasty woman and she is always mean to me ,so i could not take it because iam a very nice person and we decided to get divorced,
my questions are, will i be able to recieve the green card for 10 years when this one expire ?because i have a lot of credits to pay in my counrty egypte and here and its gonna take a long time to pay, and if i cant do i have to hire a lawyer or somthing ?thanks,sorry but i could not take that woman she really hurt me a lot i could not take it iam emailing this and crying
[/quote

my ex entered out marriage in total bad faith...

i hope i can get her booted out of the country

what a joke