I-130 Visa and Divorce

[AngelaF 0]

My husband and I married in February of 2008. We have a child together that was born prior to the date of marriage and were together since 2003. We did a I-130 Immigrant Petition for Relative and a I-485 Application to Adjust to Permanent Resident Status. My application for permanent residence was approviced on January 16, 2009. My husband wants a divorce (he is the US citizen).

I remember our attorney said there would be a review of our case 2 years after approval (01/16/11). After that date are we able to file for divorce. I would like to apply for citizenship at 3 years but I am wondering if a divorce would affect that.

Hoping someone can help with some advice.

Thanks in advance

[payxibka 10,044]

My husband and I married in February of 2008. We have a child together that was born prior to the date of marriage and were together since 2003. We did a I-130 Immigrant Petition for Relative and a I-485 Application to Adjust to Permanent Resident Status. My application for permanent residence was approviced on January 16, 2009. My husband wants a divorce (he is the US citizen).

I remember our attorney said there would be a review of our case 2 years after approval (01/16/11). After that date are we able to file for divorce. I would like to apply for citizenship at 3 years but I am wondering if a divorce would affect that.

Hoping someone can help with some advice.

Thanks in advance

You can file for divorce anytime you want. You do not need to remain married to remove conditions. Remaining married in order to continue your immigration benefit is not a good idea...

In order to apply for citizenship at 3 years you need to have been a resident for three years AND have been married for three years AND the marriage needs to be intact and continuing. Divorce will put a big kink in that plan... You wont be eligible for citizenship until 2012.

[kruz_patz 22]

You can file for divorce anytime you want. You do not need to remain married to remove conditions. Remaining married in order to continue your immigration benefit is not a good idea...

In order to apply for citizenship at 3 years you need to have been a resident for three years AND have been married for three years AND the marriage needs to be intact and continuing. Divorce will put a big kink in that plan... You wont be eligible for citizenship until 2012.

Wooo. Wooo...wait a minute......Isn't that true that Conditional Green Card itself means that it is to prove your marital union even after 2 years anniversary of green card, than only they will issue a new green card. Otherwise those who just gets married for greencard would be happy and will get divorce after getting green card, and can easily remove conditions after 2 years and get a permenant green card.

[payxibka 10,044]

Wooo. Wooo...wait a minute......Isn't that true that Conditional Green Card itself means that it is to prove your marital union even after 2 years anniversary of green card, than only they will issue a new green card. Otherwise those who just gets married for greencard would be happy and will get divorce after getting green card, and can easily remove conditions after 2 years and get a permenant green card.

Do you know that even if a divorce occurs before the conditions are removed, that it is possible for the alien to petition to remove conditions on their own, all they must do is prove the marriage was entered in "good faith?" Not as simple as if the marriage is continuing, but can be done and is done quite often.

[kruz_patz 22]

Do you know that even if a divorce occurs before the conditions are removed, that it is possible for the alien to petition to remove conditions on their own, all they must do is prove the marriage was entered in "good faith?" Not as simple as if the marriage is continuing, but can be done and is done quite often.

Yes, but over here the marriage itself has been terminated by both parties.........so how to prove a good faith........there's a thin line between the faithfullness and fraud........which is hard to prove, but considering that they already have one child......it's not that hard......

[payxibka 10,044]

Yes, but over here the marriage itself has been terminated by both parties.........so how to prove a good faith........there's a thin line between the faithfullness and fraud........which is hard to prove, but considering that they already have one child......it's not that hard......

terminated by both parties? What does that mean? The OP indicated that the USC spouse wants the divorce... sounds one sided to me... besides the standard is "entered in good faith"... has nothing to do with how the marriage is terminated

[kruz_patz 22]

terminated by both parties? What does that mean? The OP indicated that the USC spouse wants the divorce... sounds one sided to me... besides the standard is "entered in good faith"... has nothing to do with how the marriage is terminated

Well however OP already have GC, the question is whether they will renew it or not. So only way to find out is to apply for renewal, as each case is diff. in itself.

I thought divorce has already been taken place. it's my bat...read it right but meant it differently.

[Harsh_77 716]

My vote goes to Kruz - if that was the case then they would never put that 2 yr condition in there. To my understanding you still need to be in that relation for you to continue your GC.

Otherwise what is the point, someone can marry bring spouse over to US get paid for the service and file divorce and both can go their ways.

I would stongly lean towards Kruz - getting a divorce before your 2 year anniv would definately put a dent on your case, the only good news is that you have kid with him and that might show the marriage was done in good faith.

[sara..... 371]

My vote goes to Kruz - if that was the case then they would never put that 2 yr condition in there. To my understanding you still need to be in that relation for you to continue your GC.

Otherwise what is the point, someone can marry bring spouse over to US get paid for the service and file divorce and both can go their ways.

I would stongly lean towards Kruz - getting a divorce before your 2 year anniv would definately put a dent on your case, the only good news is that you have kid with him and that might show the marriage was done in good faith.

i am not sure having a kid proves anything during my years here on vj i have seen visas for married person refused even with a child involved the embassy didnt think there was a valid marriage and having a child is not anything you can count on proving the marriage was in good faith .......... you have to look at the list of proofs and supply what they require to prove the marriage was in good faith.......

just my opinion

sara

Edited July 19, 2010 by sara.....

[kruz_patz 22]

My vote goes to Kruz - if that was the case then they would never put that 2 yr condition in there. To my understanding you still need to be in that relation for you to continue your GC.

Otherwise what is the point, someone can marry bring spouse over to US get paid for the service and file divorce and both can go their ways.

I would stongly lean towards Kruz - getting a divorce before your 2 year anniv would definately put a dent on your case, the only good news is that you have kid with him and that might show the marriage was done in good faith.

Exactly... that's what my understanding too.

Edited July 19, 2010 by kruz_patz

[payxibka 10,044]

Otherwise what is the point, someone can marry bring spouse over to US get paid for the service and file divorce and both can go their ways.

I'm not sure continuing a marriage that apparently has failed for the express purpose of gaining removal of conditions is any different than the above.

I can envision the following at the citizenship interviews:

---------------------------------------------------------------------------------------------------------

Sham Marriage interview:

IO: "Ms. Sham, I see you divorced from your USC husband shortly after you removed conditions, what happened?"

Sham: " Well, yes, that is the agreement that I paid for."

IO: "I see, so you and your husband had a pre-arranged agreement for your immigration benefits? Hmmmmmm"

Sham: "Yes."

IO: "Your citizenship application is denied, I am also revoking your green card because you obtained your immigration benefit based on a pre-arranged agreement. You will be immediately placed in deportation proceedings."

---------------------------------------------------------------------------------------------------------------

OP's Interview:

IO: "Ms. OP, I see you divorced shortly after you removed conditions, what happened?"

OP: " Well, it did not work out, my husband actually asked for a divorce before my application but we agreed to stay married until I received my next greencard."

IO: "I see, so you and your husband had a pre-arranged agreement for your immigration benefit? Hmmmmmm"

Edited July 19, 2010 by payxibka

[inloveVEN 46]

Hi

ROC also apply in case that you cannot deal with the marriage. And then you need to file the divorce first and them you apply for ROC.

You need only to prove that your mariage was based in good faith. If this is the case , i mean in good faith,it is so easy to find evidences of it for example, tax returns, same addres, any other evidence that in a logical way is good evidence of it. For example wedding pictures, travels together, bank account, credict cards

In this caae they have aditionally a child, if this boy is legally his child , good point.

Thisblaw was made with the intentioj of protect imigrants from being abused. You can read uscis pasge to find detailed infornation. Also a lawer can help you to clarify the process.

Of course maybe that is not that easy as if your were marry by the time of ROC

[kruz_patz 22]

Nice interview differences......but in reality it differs a lot .... and everyone wants that it goes in favours of us...and not USCIS.

but my friend what ever you said earlier on your very first post... we are just contradicting on that statement... "you can not give an advise to someone that you don't need an on going marital union for a renewal of green card and that you can get divorce any time you want......that thing will weaken the case for renewal....

I am also not trying to say that someone should just hold their marriage for getting a green card....that decision is just their personal......but as far as law is concerned, that's all i have to say.....otherwise things have happened in past and may happen in future that OP may get a green card.....but over here I strongly suggest to take help of lawyer......

I'm not sure continuing a marriage that apparently has failed for the express purpose of gaining removal of conditions is any different than the above.

I can envision the following at the citizenship interviews:

---------------------------------------------------------------------------------------------------------

Sham Marriage interview:

IO: "Ms. Sham, I see you divorced from your USC husband shortly after you removed conditions, what happened?"

Sham: " Well, yes, that is the agreement that I paid for."

IO: "I see, so you and your husband had a pre-arranged agreement for your immigration benefits? Hmmmmmm"

Sham: "Yes."

IO: "Your citizenship application is denied, I am also revoking your green card because you obtained your immigration benefit based on a pre-arranged agreement. You will be immediately placed in deportation proceedings."

---------------------------------------------------------------------------------------------------------------

OP's Interview:

IO: "Ms. OP, I see you divorced shortly after you removed conditions, what happened?"

OP: " Well, it did not work out, my husband actually asked for a divorce before my application but we agreed to stay married until I received my next greencard."

IO: "I see, so you and your husband had a pre-arranged agreement for your immigration benefit? Hmmmmmm"

Edited July 19, 2010 by kruz_patz

[KittyPollitt 284]

Nice interview differences......but in reality it differs a lot .... and everyone wants that it goes in favours of us...and not USCIS.

but my friend what ever you said earlier on your very first post... we are just contradicting on that statement... "you can not give an advise to someone that you don't need an on going marital union for a renewal of green card and that you can get divorce any time you want......that thing will weaken the case for renewal....

I am also not trying to say that someone should just hold their marriage for getting a green card....that decision is just their personal......but as far as law is concerned, that's all i have to say.....otherwise things have happened in past and may happen in future that OP may get a green card.....but over here I strongly suggest to take help of lawyer......

Dude, the government has divorce waivers for this express purpose- so that the LPR can remove conditions on their own in the case of an honest to goodness divorce. As long as the marriage was entered into in good faith. Sometimes things just don't work out. They understand this, hence the waiver. Look it up, it's not a matter of your opinion on what's right. The FACT is, it's possible and it happens all the time.

[kruz_patz 22]

Dude, the government has divorce waivers for this express purpose- so that the LPR can remove conditions on their own in the case of an honest to goodness divorce. As long as the marriage was entered into in good faith. Sometimes things just don't work out. They understand this, hence the waiver. Look it up, it's not a matter of your opinion on what's right. The FACT is, it's possible and it happens all the time.

Dude...tell me how many cases you have seen personally in which the same happens, and how many OP'S gets GC and how many don't? Can you tell for sure...simply NO. I am not saying that GC will not approve...but....you are not getting it here.......that ONE CAN NOT GIVE SUCH A FOOLISH ADVISE.....TO GET DIVORCE AND IT WON'T AFFECT YOUR RENEWAL OF GREEN CARD......THAT'S ALL. I hope I made it clear .... good luck..

Edited July 19, 2010 by kruz_patz