Conditions on a Conditional GC

[Baltar 0]

Hello Fellow VJ'ers

How do conditions work on a conditional greencard? Suppose that within those 2 years, it comes out that the card was obtained fraudulentley (as in someone was tricked into it) - can the card be cancelled or revoked? What happens at this point?

Also what happens to the GC when a divorce is in play?

Another question - if a interview date has not approached yet for the conditional greencard, can the interview be postponed to a later date, or even cancelled without risk - as in money doesn't matter - what matters is if the cancellation or postponed date won't cause problems later on if the i485 is filed again?

[Otto 83]

Hello Fellow VJ'ers

How do conditions work on a conditional greencard? Suppose that within those 2 years, it comes out that the card was obtained fraudulentley (as in someone was tricked into it) - can the card be cancelled or revoked? What happens at this point?

"Comes out" how?

Also what happens to the GC when a divorce is in play?

Essentially, nothing happens.

Another question - if a interview date has not approached yet for the conditional greencard, can the interview be postponed to a later date, or even cancelled without risk - as in money doesn't matter - what matters is if the cancellation or postponed date won't cause problems later on if the i485 is filed again?

Lot of hypotheticals here - do these questions pertain to you?

[Radkova 11]

i was going to ask the same question

[Radkova 11]

mods please delete. duplicate responds

Edited April 21, 2010 by Sherry&Scott

[Brother Hesekiel 2,235]

If it surfaces that the Green Card was obtained through fraud, it can be revoked at any time. The same is true for US citizenship. Fraud will follow the immigrant until the kiss of death provides relief.

In theory, the "conditional" Green Card expires once the couple is divorced, as staying married to the petitioning spouse is the condition. In practice, nothing happens until the Removal of Conditions stage, at which time both have to file jointly. If that's not possible because the couple is divorced, a waiver has to be obtained.

If somebody, let's say you, just because it's easier to play it this way, married a US citizen in order to get immigration benefits (= Green Card), and the marriage falls apart before ROC, you'll have to get a waiver and proof that you entered the marriage in good faith, which is very difficult, if you did not enter it in good faith and your USC wife told you to go to hell or drop dead.

If an ROC interview is scheduled, and you don't show up, your ROC petition is denied and removal proceedings will be initiated automatically.

You could not stall the ROC, or extend your GC otherwise, beyond the 2 year duration of your GC.

If you are thinking about divorcing USC wife number 1, then marrying another USC who is playing along better, then file for another AOS, just like the first time, you're out of luck.

A resident cannot adjust status, as his status is LPR already. Yet, if your status as an LPR is being terminated, and you present a new USC wife, you'll be scrutinized beyond your wildest nightmare.

[VanessaTony 3,567]

How do conditions work on a conditional greencard? Suppose that within those 2 years, it comes out that the card was obtained fraudulentley (as in someone was tricked into it) - can the card be cancelled or revoked? What happens at this point?

If the marriage was entered into fraudulently proof would be needed in order for anything to really happen.

Also what happens to the GC when a divorce is in play?

The immigrant is able to ROC after divorce based on a "bonafide marriage" to a USC. Proof is needed of the bonafide relationship. The card is still valid for the 2 years and then ROC must be applied for in the 90 days prior to the GC expiring.

Another question - if a interview date has not approached yet for the conditional greencard, can the interview be postponed to a later date, or even cancelled without risk - as in money doesn't matter - what matters is if the cancellation or postponed date won't cause problems later on if the i485 is filed again?

The interview CAN be postponed but it's known to be quite difficult as sometimes they don't register the change properly and it appears like you missed the appointment and your AOS gets denied, then you need to appeal etc etc. It's a pain. You cannot "cancel" it to re-file later. The immigrants status is based on however they entered, and they need the AOS to remain legally. If you cancel it it's likely removal proceedings will be instigated.

[Baltar 0]

Me and my wife are quite happy as it stands and her interview is coming up soon enough for her greencard..

My friend on the other hand is in the beginning phases of a relationship outside the country and I'm using my experience in the matter to help him with whatever questions he may have - but then his family is being paranoid about the greencard phase, so I wanted to have a post about it to link them to when I talk to them next time..

With that said - Thanks for the info guys.. This is Best site ever for any visa/immigration related questions, I really appreciate it a lot, and without this site, I would've had to hire a lawyer and go through more confusion when it came to my wife's visa to come here.. This site rocks.

Edited April 23, 2010 by Baltar