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VisaJourney.com > General Family Based Immigration Topics > Effects of Major Family Changes on Immigration Benefits

mrbungle
Hi all..

I'm new on here, thought maybe I could get some help with my current situation..

I married two years ago to an American citizen and recently divorced. We never reached the 10 year point, so my permanent residence card expires pretty soon..
Thing is.. I have met a very special someone and now I'm wondering what would happen if I overstayed for any period of time, maybe a few months or so... Would it mean Deportation or 'Removal'...
Perhaps there is someway of fighting for my residency that I'm not aware of?....

We want time to save enough money and get a few things situated while living in the USA before we go off into the world.. But what are the risks??
Caladan
QUOTE(mrbungle @ Dec 6 2007, 03:47 PM) *
Hi all..

I'm new on here, thought maybe I could get some help with my current situation..

I married two years ago to an American citizen and recently divorced. We never reached the 10 year point, so my permanent residence card expires pretty soon..
Thing is.. I have met a very special someone and now I'm wondering what would happen if I overstayed for any period of time, maybe a few months or so... Would it mean Deportation or 'Removal'...
Perhaps there is someway of fighting for my residency that I'm not aware of?....

We want time to save enough money and get a few things situated while living in the USA before we go off into the world.. But what are the risks??


If you married in good faith and you are now divorced, you can petition to lift conditions and receive the 10-year green card on your own.
kim&james
you can file to remove conditions on your own. if you do nothing then you might find it a bit hard on yourself in the future with the USCIS. If you leave the country after your conditional green card has expired you will not be allowed back in.

http://www.visajourney.com/forums/index.ph...p;page=751guide

7.11) ..My marriage fell apart and we are divorced. Can I still get the conditional status lifted?
A..The I-751 is normally filed by a married couple, but if you have divorced, or your US Citizen spouse has died, you may file the petition on your own. The I-751 form itself contains provisions for a waiver of the requirement to file jointly with the US Citizen spouse. You may file the I-751 immediately upon divorce or the death of your spouse, and you will be required to provide evidence that you married in good faith, rather than to just get a green card by marrying a US Citizen. You will be required to submit a copy of the divorce decree or death certificate.
The I-751 also makes provisions for a waiver for filing jointly with your spouse, if you are still married, but "battered or subject to extreme mental cruelty". If you are in this unfortunate situation, you need the help of an experienced immigration attorney.

Also search the USCIS website for information on removing conditions.

A consultation with a immigration attorney for your particualr case is always a good idea.
Jomo's girl
I would do just as he suggested.....do it on your own.
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