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divorce before conditions removed

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Filed: Timeline


I maried my partner of one year almost a year ago. I was living and working in the US for 2 years beforehand, and had my own visa to do so, I did not come here just to marry him. Nor did I need him to be able to stay here, I was already allowed to work. Recently I discoverd that he was having an affair. Although he claims it is now over, I cannot get over this betrayal and remain in my marriage. I have consulted my immigration lawyer and have a few question since then, that I wondered if anyone had any experience with.

1. If we divorce and it is very ammicable, he would get letters from his friends and family stating that it was a genuine marriage, he would come with me to all interviews etc and do anything he could to support my case would I have a good chance at removing the conditions alone? My lawyer has never had to do this, and didn't know what my chances would be. Does it help that I am a professional, make good money, work with SN children? Do they look at the individual or just am I a statistic?

2. If my attempt was denied, do I have to leave the country right away, or am I allowed to stay for the 2 years that are on my conditional GC. I wonder if that card becomes invalid when you lose the petion.

3. If I have an employer who can and will sponser me for an H1B visa (my lawyer says file now when the visas open in april, then I will get it in october) as a backup, will this hurt me in any way during my process of reming the conditions on my GC. Will they have to know I am doing this?

Any advice anyone can offer would be so much appreciated. I never thought I would be in this mess. Of course I know an option is to stay married until we can file together, but this seems wrong if I know in my heart the marriage is over. He is a good person (he just screwed up) and he will do anything to help me stay here.

Thanks so much.

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Since you already have a conditional GC, you will be able to stay on even if your marriage does end up in divorce. If you do file for divorce and it becomes final before your 2-yr green card expires, then you can go ahead and file the I-751. You should submit sufficient proof that your marriage was entered into in good faith. Send as much proof of joined finances and joint ownership of assets.

08/17/08: Mailed N400 to TSC

08/19/08: USPS attempted delivery

08/20/08: TSC received N400

08/21/08: TSC cashed check

09/02/08: Received NOA...........Priority date: 08/20/08

..............................................Notice date : 08/22/08

09/02/08: Received Biometrics Notification

09/18/08: Biometrics completed - Charlotte DO

10/24/08: Received Interview Letter

12/08/08: Interview @ 1:00pm. APPROVED!

01/05/09: Oath Ceremony 10:00AM. Now officially a USC!!!


01/17/09: Applied for US Passport and passport card

01/28/09: Received US Passport

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01/29/09: Received naturalization certificate back from passport office

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Filed: Timeline
I have consulted my immigration lawyer and have a few question since then, that I wondered if anyone had any experience with.

Don't use this immigration attorney, since he or she is clearly not familiar with marriage-based application! Do find an immigration attorney that IS familiar, IF you feel you need to be represented, or if there are particular facts relative to your case, that make it atypical.

This divorce should have little impact on your PR, as long as you can demonstrate that the marriage was bonafide and not to entered into to evade immigration laws. You will need certain documentation to show that you and your USC husband commingled your financial and social lives, and shared a residence...or held yourselves out as a normal husband and wife.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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