Lifting the conditions

[mrsmarx 0]

Hi, I came to america with my husband on April 22, 2006, We got married here in 90 days prior to our arrival for adjustment of status, and I got my greencard on June 12, 2006, I been in America for over 2 years now and last May 21 this year we filed the I-751 form to remove the conditions of my greencard and just a few weeks ago I received a nottification for my interview and biotmertric date which it will be this month, but our marriage is not gonna work anymore, We have no child and there is no third party involve, just a lot of differences between us, and we try to fix our differences but it cannot be fix, My problem is after my interview for removing the conditions of my greencard and we get divorce do i still have a chance to become a US citizen? Can I apply the N-400 or Naturalization without my husband presence? Or Do I really need to wait until I become a US Citizen and divorce? If we divorce after the interview for lifting the conditions of my greencards it will affect me to become a US Citizen? Are they going to deported me? Do I need to go back to my home country after the interview in removing the conditions, hope anyboy out there can help me urgently.. Thanks.. God Bless..

[YuAndDan 153]

Yes you do have the option to file for citizenship, however, you will need to wait for 5 years of residency, NOT 3 years, because you wont be married to a US citizen.

It is very rare for USCIS to interview for removal of conditions. And NO you dont have to return to home country, unless they deny or revoke your LPR status.

[Kathryn41 3,205]

If your I-751 is approved while you two are still together and you later get divorced the only impact it will have on your situation is that you need to wait until you have 5 years of permanent residency before you can apply for US citizenship rather than 3 years. You are still a permanent resident and are allowed to live and work in the US even if you are divorced. You will not be deported (unless you commit certain crimes:-) ). If you get divorced before the I-751 is adjudicated, then you need to withdraw the current I-751 and resubmit a new application checking the box in part 2 that says you are applying for a waiver of the joint filing condition. You will also need to include copies of your divorce decree and other documentation to show that you entered the marriage in good faith but it just didn't work out. You do not need to go back to your home country unless they deny your application to remove conditions, and you can usually appeal that decision. Once they approve your application you are good for at least 10 years or until you want to file for citizenship.

Which Service Center did you submit your application to? Many applicants don't have an interview and applications being sent to California are being approved in about 6 months or so.

[*JG* 2]

I'd say you are pretty safe. They will approve your 10 year green card if the proof is there. All you have to do then is wait for the 5 year mark and apply all on your own.

Sorry and good luck to you.

[mrsmarx 0]

Thank you so much for the reply, Can I file the citizenship or N-400 by myself without my husband like filing a joint affidavit with him like the I-751 to removed the conditions. And for citizenship what last name I can use my husband or my name when I was still single. And I got also scared because he said that he can call the Immigration because I am not a US citizen yet and the immigration will be the one to pick me up back to my homeland, Is this true? Can he still do something to deport me even if we are already divorce and got my LPR.

[YuAndDan 153]

Thank you so much for the reply, Can I file the citizenship or N-400 by myself without my husband like filing a joint affidavit with him like the I-751 to removed the conditions. And for citizenship what last name I can use my husband or my name when I was still single. And I got also scared because he said that he can call the Immigration because I am not a US citizen yet and the immigration will be the one to pick me up back to my homeland, Is this true? Can he still do something to deport me even if we are already divorce and got my LPR.

Yes you can file for citizenship by your self, you just will have to wait until 5 years from when you first got your 2 year green-card in-order to file NOT 3 years.

US immigrations will not deport you unless you break some law, so no worries.

Edited June 4, 2008 by YuAndDan