Conditional Green Card/ Marriage Crisis

[alexis2 0]

I am married to a USC. I have a conditional green card which doesn't expire until Jan 2011. Unfortunately it's clear that the marriage seems to have become unviable - we seem to have major arguments every week and don't seem to agree on anything these days. Just wondered what would happen to the conditional green card if we separated/ divorced. Would I have to apply for removal of conditions immediately or could I wait until 90 days before expiration of the card? Basically would the card be still valid until Jan 2011 if we separated now.

[TracyTN 237]

If you'll read some of the other threads in this forum, you'll see that you can remove conditions on your own. You simply must prove that the relationship was not entered into for immigration benefit.

http://www.visajourney.com/forums/index.ph...s-immigration-d

[JimVaPhuong 4,863]

I am married to a USC. I have a conditional green card which doesn't expire until Jan 2011. Unfortunately it's clear that the marriage seems to have become unviable - we seem to have major arguments every week and don't seem to agree on anything these days. Just wondered what would happen to the conditional green card if we separated/ divorced. Would I have to apply for removal of conditions immediately or could I wait until 90 days before expiration of the card? Basically would the card be still valid until Jan 2011 if we separated now.

Being separated changes nothing. You would still be required to file to remove conditions in the 90 day window before your green card expires, and you would be required to file jointly with your spouse, unless you intend to claim abuse or extreme hardship. You can file to remove conditions on your own and ask for a waiver of the joint filing requirement, but not until your divorce is final (again, unless you plan to claim abuse or extreme hardship).

If you do get divorced, then your green card technically becomes invalid. The "condition" on your conditional green card is that you remain married to the US citizen whom you obtained the green card through. However, USCIS probably won't take any action on this unless they find out about the divorce, in which case they could send a notice of intent to start removal proceedings. In that event, you'd need to file immediately to avoid deportation. Otherwise, you'll need to file in the 90 day window before your green card expires.

[3600rs 24]

I am married to a USC. I have a conditional green card which doesn't expire until Jan 2011. Unfortunately it's clear that the marriage seems to have become unviable - we seem to have major arguments every week and don't seem to agree on anything these days. Just wondered what would happen to the conditional green card if we separated/ divorced. Would I have to apply for removal of conditions immediately or could I wait until 90 days before expiration of the card? Basically would the card be still valid until Jan 2011 if we separated now.

Apply ASAP. Do not wait. Start collecting proof of good faith marriage. Separation and divorce very quick after your green card MAY raise a red flag!

[alexis2 0]

Thanks everyone for the advice - much appreciated.

[alexis2 0]

I am married to a USC. I have a conditional green card which doesn't expire until Jan 2011. Unfortunately it's clear that the marriage seems to have become unviable - we seem to have major arguments every week and don't seem to agree on anything these days. Just wondered what would happen to the conditional green card if we separated/ divorced. Would I have to apply for removal of conditions immediately or could I wait until 90 days before expiration of the card? Basically would the card be still valid until Jan 2011 if we separated now.

Apply ASAP. Do not wait. Start collecting proof of good faith marriage. Separation and divorce very quick after your green card MAY raise a red flag!

Thanks. Is there any reason why I would have to apply as soon as possible? If I decided to wait until 3 months before the card expired, would that be a problem? What are the pros and cons of applying immediately versus waiting until 3 months before the card expires?

[Kathryn41 3,205]

Thanks. Is there any reason why I would have to apply as soon as possible? If I decided to wait until 3 months before the card expired, would that be a problem? What are the pros and cons of applying immediately versus waiting until 3 months before the card expires?

Actually, for a good explanation of that see this thread in the same forum, starting at post #6 to post #11: http://www.visajourney.com/forums/index.php?showtopic=215424

Edited August 29, 2009 by Kathryn41

[Laetitia 0]

I think you should consult a lawyer.

I had the same case except that my card was expiring July 2009 and I got divorced March 2009. I filed the waiver to remove conditions jointly in April 2009. I already received the approval letter and my permanent green card should arrive this week. I had a little help of a lawyer (initial session). It was $2200 to do the whole process with a law firm so I decided to file by myself and it went pretty quick. Make sure you have the right evidences of a marriage in a good faith such as joint bank statements, joint leases, joint loans, joint taxes, etc...

I also think that the process goes faster for citizens of some countries (i.e from European union). i was very surprised it went that fast. No interview was required... I read a lot of the forums and people were saying it could take one or more years...

Good luck

[alexis2 0]

Thanks. Is there any reason why I would have to apply as soon as possible? If I decided to wait until 3 months before the card expired, would that be a problem? What are the pros and cons of applying immediately versus waiting until 3 months before the card expires?

Actually, for a good explanation of that see this thread in the same forum, starting at post #6 to post #11: http://www.visajourney.com/forums/index.php?showtopic=215424

Thanks - this is very useful.

I think you should consult a lawyer.

I had the same case except that my card was expiring July 2009 and I got divorced March 2009. I filed the waiver to remove conditions jointly in April 2009. I already received the approval letter and my permanent green card should arrive this week. I had a little help of a lawyer (initial session). It was $2200 to do the whole process with a law firm so I decided to file by myself and it went pretty quick. Make sure you have the right evidences of a marriage in a good faith such as joint bank statements, joint leases, joint loans, joint taxes, etc...

I also think that the process goes faster for citizens of some countries (i.e from European union). i was very surprised it went that fast. No interview was required... I read a lot of the forums and people were saying it could take one or more years...

Good luck

Thanks for sharing.