Permanent Resident Card renewal

[caribabe 0]

My card is due to expire in March - Problem, my husband is in Mass, I'm living and working in Co - For all intent and purposes we are separated due to the fact that I just cant be the cash cow of this marriage any longer! In fact I had suggested that we get a divorce. How will this effect my renewal process? Can I do the whole thing by post or do I have to go to a office? Nearest is 400 miles away. Any advice would be greatly appreciated.

Cari

[YuAndDan 153]

Are you renewing a 10 year card, or liftong conditions on a 2 year conditional card???

If simply renewing the 10 year card, you file I-90 and pay $370 FEE, http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Also since you moved make sure that you file an AR-11 within 10 days of moving, or do it ASAP if you forgot to do this.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

If removing conditions, you may run into problems, you need to file I-751 jointly if still married to husband.

This is all handled in the mail, however Biometrics will require you to visit the nearest ASC.

https://egov.uscis.gov/crisgwi/go?action=of...office_type=ASC

http://www.visajourney.com/timeline/profile.php?id=12418 (This would help understand if you are 10 year or 2 year green-card)

Edited December 9, 2008 by YuAndDan

[caribabe 0]

Are you renewing a 10 year card, or liftong conditions on a 2 year conditional card???

If simply renewing the 10 year card, you file I-90 and pay $370 FEE, http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Also since you moved make sure that you file an AR-11 within 10 days of moving, or do it ASAP if you forgot to do this.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

If removing conditions, you may run into problems, you need to file I-751 jointly if still married to husband.

This is all handled in the mail, however Biometrics will require you to visit the nearest ASC.

https://egov.uscis.gov/crisgwi/go?action=of...office_type=ASC

http://www.visajourney.com/timeline/profile.php?id=12418 (This would help understand if you are 10 year or 2 year green-card)

[caribabe 0]

I am just renewing 2 year card

Maybe get a lawyer to do this for me - not sure how helpful my 'husband' is going to be since I have stopped giving him money.

Thanks

Cari

[john_and_marlene 162]

I am just renewing 2 year card

Maybe get a lawyer to do this for me - not sure how helpful my 'husband' is going to be since I have stopped giving him money.

Thanks

Cari

You don't just "renew" a 2 year card. You have to file to remove the conditions of your permanent resident status. To do this, you either have to file with your husband and show that a valid marital relationship still exists or you have to divorce to qualify for adjustment on your own. Your permanent residence is conditioned on your marriage.

[TayRivers 4]

I am just renewing 2 year card

Maybe get a lawyer to do this for me - not sure how helpful my 'husband' is going to be since I have stopped giving him money.

Thanks

Cari

You can not just renew a 2 year conditional Greencard. You need to file a petition to remove the conditions that were impossed. If you are still married then you will need to file a joint petition with your husband, sending evidence of your married life together. If you are divorced then you can file alone asking for a waiver as you entered the marriage in good faith. If you are just seperated then you can not file until you are divorced.

The guide here is a good place to start reading about what you need to do to remove the conditions.

[YuAndDan 153]

I am just renewing 2 year card

Maybe get a lawyer to do this for me - not sure how helpful my 'husband' is going to be since I have stopped giving him money.

Thanks

Cari

You will need to file for a waiver of the Joint filing requirement.

Some searching resulted in this:

Two ways to show that a marriage was entered into in good faith are proving that the couple had a child together and producing evidence that the couple owned property jointly.

http://www.divorcenet.com/states/new_jerse...ion_and_divorce

Filing if the Couple is Separated

More troublesome is if the couple is still married, but separated or otherwise not getting along. With limited exception, as long as the couple is legally married, it is necessary to have a joint petition. Thus, troubled marriages often need either to be reconciled or terminated in order to file the I-751. As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however.

Joint-Filing Waived in Limited Cases

There are two situations in which a person who is still legally married can file the I-751 without the spouse. The first is if the person entered into a marriage in good faith, but has been battered or subjected to extreme cruelty by the petitioning spouse. The second is if termination of permanent resident status and removal from the U.S. would result in extreme hardship to the foreign national. Extreme hardship is a high standard and can be based only upon conditions that arose after the conditional residency was acquired.

Filing after Divorce or Annulment

A conditional permanent resident with a marriage that was terminated due to divorce or annulment must file for a waiver of the requirement of the joint filing of Form I-751. To obtain an approval of the I-751 and be granted unconditional lawful permanent resident status, the conditional permanent resident spouse must be able to show that s/he entered into the marriage in good faith.

The person seeking permanent resident status should expect to undergo an interview at the USCIS about the marriage. The USCIS will closely scrutinize whether the marriage was bona fide at its inception. The USCIS will review the divorce decree and complaint for matters that may be reflective of whether the marriage was entered into purely for immigration purposes or to perpetrate fraud against the United States citizen spouse or the USCIS.

http://www.murthy.com/news/n_remcon.html

[YuAndDan 153]

I would start with this guide: http://www.visajourney.com/forums/index.ph...p;page=751guide

But you will need to provide strong evidence that you entered the marriage in good faith to be able to file with waiver of joint filing requirement.