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Married 2 years: Conditional needing removal?

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Filed: IR-1/CR-1 Visa Country: Ecuador
Timeline

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?

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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? :whistle:

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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.

First trip 01-17-07

Married 02-05-07

What Service Center was filed at? Nebraska transferred to California

Provide dates for the following:

I-130 sent (Mailed)..........................3-12-07

1st NOA (Receipt Notice) .................3-29-07

2nd NOA (Approval Notice) e-mail.....6-15-07

Bill for I-864 processing fee rcd and sent..7-24-07

I-864 Packet Received......................8-18-07

I-864 Mailed to NV............................8-20-07

Bill for DS-230 received....................8-29-07

Payment for DS-230 sent..................8-30-07

DS-230 Packet received..................10-25-07

DS-230 Packet sent to NVC..............10-29-07

Case Completed..............................11-16-07

Case Forwarded to Embassy.............11-30-07

Packet recieved from NVC................12-07-07

Medical complete...............................1-04-08

Leave for Manila................................1-19-08

Interview and approval......................1-22-08

Visa in Hand .....................................1-24-08

Arrived in USA...................................3-19-08

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Filed: IR-1/CR-1 Visa Country: Ecuador
Timeline

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?

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Filed: Country: United Kingdom
Timeline
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.

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Filed: Other Country: China
Timeline
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.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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