Help - Search - Members - Calendar
Full Version: Removing the conditions on GC after divorce
VisaJourney.com > General Family Based Immigration Topics > Effects of Major Family Changes on Immigration Benefits

chris789
Hello,

I have a conditional GC that expires in Aug'08. I am seriously considering divorce as my husband has been lying (and hiding) to me on several subjects (mental illness, Hepatitis C, some quite recent drug uses). I have lost trust in him. He has left me on 4 different occasions due to his mental illness and is currently gone. Nobody knows where he is including his family. My question is: if I file for divorce do I have to fear anything on his part concerning my immigration status. The situation is: he is probably gone for another 3 months where nobody will know for sure where he is. I can file now and publish and get the divorce done. Then what??? Can he still get me in trouble with the immigration if he contacts them and wants to remove his support? Can I file for a removal of conditions before my 3 month window so that I don't give him a chance of getting me in trouble (meaning right after the divorce is pronounced)?
Thx everybody for your help and advices!
diadromous mermaid
QUOTE(chris789 @ Aug 7 2007, 05:42 PM) *
Hello,

I have a conditional GC that expires in Aug'08. I am seriously considering divorce as my husband has been lying (and hiding) to me on several subjects (mental illness, Hepatitis C, some quite recent drug uses). I have lost trust in him. He has left me on 4 different occasions due to his mental illness and is currently gone. Nobody knows where he is including his family. My question is: if I file for divorce do I have to fear anything on his part concerning my immigration status. The situation is: he is probably gone for another 3 months where nobody will know for sure where he is. I can file now and publish and get the divorce done. Then what??? Can he still get me in trouble with the immigration if he contacts them and wants to remove his support? Can I file for a removal of conditions before my 3 month window so that I don't give him a chance of getting me in trouble (meaning right after the divorce is pronounced)?
Thx everybody for your help and advices!


Once you have a final divorce decree, you can slef-petition to remove the conditions on your permanent residency. Make sure you have plenty of evidence of the bonafide nature of your marriage.
wildestkabs
If I were in your shoes, I would get out of the marriage as soon as I could, get divorced and file immediately.

Yes, you are correct - when you get divorced, the 90 day (not 3 months - they are not the same!) window does not apply.
ejhon77
QUOTE(chris789 @ Aug 7 2007, 03:42 PM) *
Hello,

I have a conditional GC that expires in Aug'08. I am seriously considering divorce as my husband has been lying (and hiding) to me on several subjects (mental illness, Hepatitis C, some quite recent drug uses). I have lost trust in him. He has left me on 4 different occasions due to his mental illness and is currently gone. Nobody knows where he is including his family. My question is: if I file for divorce do I have to fear anything on his part concerning my immigration status. The situation is: he is probably gone for another 3 months where nobody will know for sure where he is. I can file now and publish and get the divorce done. Then what??? Can he still get me in trouble with the immigration if he contacts them and wants to remove his support? Can I file for a removal of conditions before my 3 month window so that I don't give him a chance of getting me in trouble (meaning right after the divorce is pronounced)?
Thx everybody for your help and advices!


i am almost close to getting my condition lifted. I will share almost 3 year marriage experience. we got married in jan 2005. got my EAD in april 2005. got interviewed with my wife in july 2005, went very smooth. while it was pending we started to look for house. well we found a house and got ready to make an offer. since we got married we were living in different cities due to my work and her school. The day before i am going to make an offer i found out she has been cheating on me the next day we got married. i didn't know what to do i haven't even got my conditional GC. i did confronted her and decided to divorce her. But as anyone else she started to pour, she will make it up to me even if takes rest of her life. after she doing that for a week i decided may be she will take the marriage seriously like i did. i decided this won't be the best time to buy a house. we moved in together in sept 2005. anywho i got my condition GC in oct 2005. now she becomes a whining wife as she decided to be housewife as she is afraid that she might make the same mistake. not a single day went by without arguments since we moved in. she went to her parents house couple of times and i took her back as she started to cry saying sorry and crap. well moved to a different city(same city her parents live) for big project and big money in march,2006. stayed in apartments bought a house in september 2006. Since we moved to a different city her going back and forth to her parents house started to increase exponentially for simple arguments. i started to get real annoyed back in jan 2007 for such a childish behavior. i decided it's too close for a divorce as i'm few months away from lifting condition. i sent my 751 package in jul 07 since then she went to her parents house 5 times. she is at her parents as i'm writing this. From my experience you will know he will make your life horrible. In my case she don't even know immigration laws that much. so have no idea that my GC is conditional and i have to lift condition. i explained to her about 751 and she says "i know your gc expires in 3 months and you are going to renew it". Well my suggestion when you are close then play along but don't do that if you just got approved. if you have the proof like i did you can do a waiver. Even though i forgave her but now i realized i shouldn't have. Look at my case status and wish me luck as i can't take this anymore.
07/24/07 - I-751 application package sent
07/27/07 - delivered by USPS (Online Tracking)
08/21/07 - NOA 1 received - Extension letter
09/04/07 - NOA 2 ASC Appointment Notice received for biometrics on 10/02/07
9/22/2007 - Did walk in biometrics since i will be out of state on a businsess trip that week.
9/24/2007 - touched
9/25/2007 - touched
have been checking online status everyday. in fact i have a browser open for that.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2008 Invision Power Services, Inc.