ten year card question

[j and c 8]

i have a friend that brought his fiancee here here on a K-1 visa, married her within the 90 days and then she applied for and received her conditional two year green card.

she will be eligible to apply for the ten year card after january 2010.

the two year anniversery of the marriage was completed in august 2009.

my friend has been a responsible and good sport and has assisted his wife in settling into life here, but no longer has any interest in staying married.

my friend is wondering if he goes ahead and files for divorce now, after the two year anniversery of a bona-fide marraige, will his then ex-wife still be able to file for her 10 year card without his signature on the application?

the original marriage was a bono-fide marriage entered into with good faith on both parties but has now come to an end.

so, with a bono-fide marriage of two years completed, may my friend now file for divorce and not hurt his former spouse's chance for approval for a ten year card?

he looked over the form for removal of conditions, and it appears that she will have the option of filing as a divorcee of a marraige that was entered into with good faith.

this is probably a common situation and my friend is only checking to see if others have any knowledge of similar situations.

Edited September 15, 2009 by j and c

[Deputy Purple 1,294]

The requirement is bonafide marriage entered into in good faith, nothing says it has to last 2 years.

She can file for the removal of conditions without him. I would suggest that she gets an affidavit from him stating that he was the one who ended the marriage and he does believe she entered into it in good faith.. blah blah blah... Showing that the former spouse is on good terms with her and was the one who "lost interest" can only serve her interest.

[Brother Hesekiel 2,236]

Yes, she can file on her own for removal of conditions using form I-751 once the divorce is final, "just" has to prove that the marriage was entered in good faith.

One more note: it doesn't matter how long your friend is married; what matters is the date her legal permanent resident status was approved which is usually the date on her green card. For example, I'm married for 3 years and 1 month now, but my LPR status is only 2 years young.

[j and c 8]

thanks for the replies.

[Krikit 1,164]

Moving from ROC forum to Effects of Major Changes.