Divore and Conditional Permanent Residency

[Jamaicagyaldat 1]

Hey everyone I need your help. I have a friend who has his Permanent Residency, but it is still conditional. Immigrated on fiance visa, adjusted status, received his green card. Now I know you have to wait 2 years after that for the conditions to be removed. His green card was delayed due to name check so it was received in December 2007. So his wife wants a divorce now. If he divorces her prior to the 2 years does he have to go back to his country immediately OR can he divorce and stay until his green card expires in 2 years?

Any help????

[lilshe 0]

Hey everyone I need your help. I have a friend who has his Permanent Residency, but it is still conditional. Immigrated on fiance visa, adjusted status, received his green card. Now I know you have to wait 2 years after that for the conditions to be removed. His green card was delayed due to name check so it was received in December 2007. So his wife wants a divorce now. If he divorces her prior to the 2 years does he have to go back to his country immediately OR can he divorce and stay until his green card expires in 2 years?

Any help????

Your friend can get his divorce and then apply for his I-751 on his own with a waiver(as long as he has his divorce is finalized and he submits the divorce papers along with his I-751 within the 90 day window).

I just went thru this. My conditional 2 year g/c expires In April. I fianlly got my divorce Feb 16th, applied for I-751 on my own with a waiver. Recieved my notice saying that i now have a 1 year extension. Go for biometrics today.

Good Luck

[Jamaicagyaldat 1]

Really? Okay. So when he should file his waiver and the divorce papers at the court house together or do you mean file it with immigration together?

1 year extension. So what happens in 1 year? They decide you can stay or they go??

[payxibka 10,044]

Really? Okay. So when he should file his waiver and the divorce papers at the court house together or do you mean file it with immigration together?

The USCIS as the courthouse could careless about an immigration waiver...

The greencard grants residency status until the expiration date.... A person can stay as long as they have current status.

Edited March 26, 2008 by fwaguy

[*JG* 2]

Hey everyone I need your help. I have a friend who has his Permanent Residency, but it is still conditional. Immigrated on fiance visa, adjusted status, received his green card. Now I know you have to wait 2 years after that for the conditions to be removed. His green card was delayed due to name check so it was received in December 2007. So his wife wants a divorce now. If he divorces her prior to the 2 years does he have to go back to his country immediately OR can he divorce and stay until his green card expires in 2 years?

Any help????

Didn't you ask this exact same question earlier in the week and we answered?

[Jamaicagyaldat 1]

Thats what I thought I just wanted to be clear. So basically he can stay until his card expires in 2 years. My question is does he apply for the waiver 90 days prior to the 2 year expiration or prior to 90 days after his divorce? I am confused. : )

[Jamaicagyaldat 1]

Hey everyone I need your help. I have a friend who has his Permanent Residency, but it is still conditional. Immigrated on fiance visa, adjusted status, received his green card. Now I know you have to wait 2 years after that for the conditions to be removed. His green card was delayed due to name check so it was received in December 2007. So his wife wants a divorce now. If he divorces her prior to the 2 years does he have to go back to his country immediately OR can he divorce and stay until his green card expires in 2 years?

Any help????

Didn't you ask this exact same question earlier in the week and we answered?

Yes, I posted it at the same time in both locations.

[payxibka 10,044]

Thats what I thought I just wanted to be clear. So basically he can stay until his card expires in 2 years. My question is does he apply for the waiver 90 days prior to the 2 year expiration or prior to 90 days after his divorce? I am confused. : )

Think the process through for a moment and you will have the answer... Yes, it is confusing but not that confusing. If he were to file the request 90 days after divorce finalization, how would you do that and on what form?

The I-751 window opens 90 days prior to greencard expiration. It is at that time you file all documents with the USCIS (including any waiver requests).

Edited March 26, 2008 by fwaguy

[Jamaicagyaldat 1]

I am asking for clarification because I have receiving conflicting information.

There is no need to be condescending. Isn't this what the forum is for! I want to be sure I have the information correct before he moves forward.

[diadromous mermaid 36]

Really? Okay. So when he should file his waiver and the divorce papers at the court house together or do you mean file it with immigration together?

1 year extension. So what happens in 1 year? They decide you can stay or they go??

Simply put, he has two options. Either he files a joint petition with his wife, if they are still married and she is willing, 90 days before his current green card expires. That expiry date is December 2009, so he would jointly-file with his USC petitioner spouse sometime between October 2009 and December 2009. IF still married, and IF she will cooperate.

If the divorce process goes through and his divorce is final before October 2009, as soon as he has a divorce decree he would file a "waiver" which is really nothing more than filing the I-751 as a self-petitioner on the grounds that his marriage to the USC spouse was bonafide but has since terminated in divorce. He would have to show that he is divorced (ergo a copy of the decree is attached to the self-petition) and that the marriage was genuine. There is no requirement for him to wait until October 2009 to file a self-petition if he has a divorce decree before that time, since the rationale is that in order to self-petition, the alien must have a decree and qualify for one of the grounds. Since he can't acquire any more bonafides of a marriage that no longer exists, USCIS permits the alien to file as soon as the divorce is final.

If he has not finalised the divorce, by October 2009, then he would have to wait until a decree is available.

Better?

Edited March 27, 2008 by diadromous mermaid

[lilshe 0]

Really? Okay. So when he should file his waiver and the divorce papers at the court house together or do you mean file it with immigration together?

1 year extension. So what happens in 1 year? They decide you can stay or they go??

Simply put, he has two options. Either he files a joint petition with his wife, if they are still married and she is willing, 90 days before his current green card expires. That expiry date is December 2009, so he would jointly-file with his USC petitioner spouse sometime between October 2009 and December 2009. IF still married, and IF she will cooperate.

If the divorce process goes through and his divorce is final before October 2009, as soon as he has a divorce decree he would file a "waiver" which is really nothing more than filing the I-751 as a self-petitioner on the grounds that his marriage to the USC spouse was bonafide but has since terminated in divorce. He would have to show that he is divorced (ergo a copy of the decree is attached to the self-petition) and that the marriage was genuine. There is no requirement for him to wait until October 2009 to file a self-petition if he has a divorce decree before that time, since the rationale is that in order to self-petition, the alien must have a decree and qualify for one of the grounds. Since he can't acquire any more bonafides of a marriage that no longer exists, USCIS permits the alien to file as soon as the divorce is final.

If he has not finalised the divorce, by October 2009, then he would have to wait until a decree is available.

Better?

That was written very clearly.

[Jamaicagyaldat 1]

Really? Okay. So when he should file his waiver and the divorce papers at the court house together or do you mean file it with immigration together?

1 year extension. So what happens in 1 year? They decide you can stay or they go??

Simply put, he has two options. Either he files a joint petition with his wife, if they are still married and she is willing, 90 days before his current green card expires. That expiry date is December 2009, so he would jointly-file with his USC petitioner spouse sometime between October 2009 and December 2009. IF still married, and IF she will cooperate.

If the divorce process goes through and his divorce is final before October 2009, as soon as he has a divorce decree he would file a "waiver" which is really nothing more than filing the I-751 as a self-petitioner on the grounds that his marriage to the USC spouse was bonafide but has since terminated in divorce. He would have to show that he is divorced (ergo a copy of the decree is attached to the self-petition) and that the marriage was genuine. There is no requirement for him to wait until October 2009 to file a self-petition if he has a divorce decree before that time, since the rationale is that in order to self-petition, the alien must have a decree and qualify for one of the grounds. Since he can't acquire any more bonafides of a marriage that no longer exists, USCIS permits the alien to file as soon as the divorce is final.

If he has not finalised the divorce, by October 2009, then he would have to wait until a decree is available.

Better?

YES thank you very much. Very clear now. My last question is that he basically was issued his GC in 1/ 2008. SO, his GC is technically good for 2 years. We are wondering if it is better to wait until OCtober 2009 to file the I751? OR are there consequences if you wait until that time period? Ilooks like they will divorce in the next couple of weeks. In that case, once he received his divorce decree you are saying to file the I-751 now. He can do that but he is wondering if it is better to wait until October 2009? IE---Guaranteed to stay here until October 2009 versus immigration denying the I751 for some reason.

[cherr1980 1]

The others have been telling you over and over that your friend should file for the removal after the divorce... would be good if you can google a memo about removal of conditions that it was sent years ago.

Be aware that really even your conditional green card expires in two years, is link to your marriage. So in case for whatever reason USCIS finds out that you are divorced, your benefits could be terminated.

Your friend should not wait, and get enough evidence of his bonafide marriage.

He should file a I-751 against one of the grounds that is in the form and attach the marriage decree (copy of it) and all the evidence necessary (especially financial ones) that demostrate the he got marry in good faith. There is no waiting time after the divorce is final and the conditional resident can apply at whatever time before the 90 days of the expiration of his green card. But as I said, why your friend wants to wait? At the end is your friend call but does not make too much sense.

I read a lot of forums and share in others, and there have been cases that people got divorced and in less than three months USCIS sent them a letter stating that their conditional status have been terminated. And they even did not have the time to send a new I-751...

Good luck.

Edited March 29, 2008 by cherr1980

[Jamaicagyaldat 1]

Thanks everyone.

I advised him of his options. Him and his wife decided they may work things out. Either way they both know what the options are at this point. Hopefully they will work things out and they can be happy! : )