Divorced - what next?

[lummelilly 0]

Hi Jairoshott

Did you finally got your unconditional green card? I am now in your position. Would you advise me , pls?

Thank you

[lummelilly 0]

Dear all.

I have read everyone post and wonder if I can get little help from you, please?

Here is my life journey

Married: Jan 15, 2010

Greencard received: June 6, 2010

My husband (US. citizen) cheated on me (got a girl pregnant). We filed for a divorce. We still keep our apartment lease, joint account. He felt bad for me and willing to help me out.

Final divorce decree received: Sept 2010

Now... My Green card will be expired in: MAY 2012

What should I DO? I'M so lost.. pls help

Thank you everyone.

Lumme

[Kathryn41 3,205]

The above two posts were separated off from the pinned topic above so that they can be answered directly and not get lost in the pinned information.

[JimVaPhuong 4,863]

Dear all.

I have read everyone post and wonder if I can get little help from you, please?

Here is my life journey

Married: Jan 15, 2010

Greencard received: June 6, 2010

My husband (US. citizen) cheated on me (got a girl pregnant). We filed for a divorce. We still keep our apartment lease, joint account. He felt bad for me and willing to help me out.

Final divorce decree received: Sept 2010

Now... My Green card will be expired in: MAY 2012

What should I DO? I'M so lost.. pls help

Thank you everyone.

Lumme

What type of visa did you enter the US with? Did you have a green card interview? When did you file your divorce? These questions may be irrelevant, or make a world of difference, depending on the answers.

You are currently a "conditional permanent resident". The "condition" is that you remain married to the US citizen who sponsored your immigration. You aren't married anymore, so the "condition" is no longer satisfied. Because of the divorce, USCIS can terminate your permanent resident status at any time. If they discover that you are divorced, then they are compelled to do exactly that. On the other hand, if they don't find out about the divorce (and they usually don't) then nothing will happen until your green card expires.

You are supposed to file an I-751 form with USCIS within 90 days before you conditional green card expires. You are required to file this form jointly with your US citizen husband. However, you can request a waiver of the joint filing requirement because your marriage ended in divorce by checking box "d" in part 2 of the form. In this case, you are required to provide evidence to prove that you entered the marriage in "good faith". If your I-751 is approved then you'll receive a 10 year green card.

Normally, USCIS will not accept an I-751 from you until the 90 day window before your green card expires. However, if you're asking for the divorce waiver you can submit the I-751 any time. Since USCIS can terminate your residency because of the divorce, you should probably file the I-751 as soon as you have your evidence prepared.

[lummelilly 0]

Thanks for your help.

I do have my two-year green card now. It will be expired in May 2012. I talked to a consultant and he told me to wait till that 90 days period before filing for removing condition. I just need to renew my work permit next year and hopefully my divorce won't effect my work permit.

I have my divorce decree , it's done in July 2010. I'm trying to gather all documents and my ex husband letter to me about our divorce.

Hopefully, things won't get so complicated.

I'm going back to school next year in Jan. The only thing that bothers me now is that what if I get a deny for my 10years green card, and I'm still in school. Can I apply for the F1 visa ? I'm so confused but I'll try to do it one thing at a time.

I was F1 visa before I got married. i am now working full time in a hospital with my work permit that I applied for along with my 2 year-green card.

Thank you so much!

lumme

[JimVaPhuong 4,863]

Thanks for your help.

I do have my two-year green card now. It will be expired in May 2012. I talked to a consultant and he told me to wait till that 90 days period before filing for removing condition. I just need to renew my work permit next year and hopefully my divorce won't effect my work permit.

I have my divorce decree , it's done in July 2010. I'm trying to gather all documents and my ex husband letter to me about our divorce.

Hopefully, things won't get so complicated.

I'm going back to school next year in Jan. The only thing that bothers me now is that what if I get a deny for my 10years green card, and I'm still in school. Can I apply for the F1 visa ? I'm so confused but I'll try to do it one thing at a time.

I was F1 visa before I got married. i am now working full time in a hospital with my work permit that I applied for along with my 2 year-green card.

Thank you so much!

lumme

I'm going to reiterate something I said in my previous post, and it runs contrary to what the consultant told you.

You are normally required to wait until 90 days (or less) before your conditional green card expires before filing an I-751 to remove conditions. However, you are not required to wait if you are asking for a waiver of the joint filing requirement. You are no longer married, so you have no choice but to ask for this waiver.

USCIS is compelled to take steps to terminate your permanent residence if they discover you've gotten divorced. For this reason, immigration attorneys often say that conditional residence ends when the marriage ends. Your first clue that USCIS has discovered your divorce would probably come in the form of a letter of intent to begin removal proceedings. This would dramatically change your timetable. You would now have a very small window of time to file your petition or face deportation.

Realistically speaking, USCIS doesn't find out about the divorce in most cases, but there is a chance that they will.

Your chances of being approved do not improve with time. USCIS is going to know when you got divorced. They are going to look at evidence of your relationship before the marriage, and most importantly at evidence you lived as a married couple during the time you were married. Waiting more than a year after the divorce before filing to remove conditions is not going to make your marriage look any more genuine to them. For better or worse, your timeline is going to look a little suspicious to them. You got married. Six months later you got your green card. Three months after that your divorce was final. You're going to need some compelling evidence that you entered the marriage in good faith. In all likelihood, that evidence is going to be a lot easier to collect now than it will a year from now.

I recommend you collect your evidence and file as soon as you are ready.

[lummelilly 0]

Thank you Jimva,

I am collecting my evidence as many as I can now. I read many threads and see what most people attach to their forms. I will need my ex husband to help me out with some evidence when we were together.

Do I need the form 400 N along with I-751?

Thanks so much,

lumme

[Okalian 41]

Thank you Jimva,

I am collecting my evidence as many as I can now. I read many threads and see what most people attach to their forms. I will need my ex husband to help me out with some evidence when we were together.

Do I need the form 400 N along with I-751?

Thanks so much,

lumme

I'm not quite following what you mean by 400N. Im assuming you meant N400? Thats the citizenship application...now thats a whole different ball game but to answer your question, NO. File the I-751 alone.

Just a little comment: Your greencard expires in May 2012, so it's been issued in May 2010. And your divorce was finalized in July 2010. I swear I'm not accusing you of anything, but be prepared to answer some tough questions if you're selected for an interview...

[lummelilly 0]

I'm not quite following what you mean by 400N. Im assuming you meant N400? Thats the citizenship application...now thats a whole different ball game but to answer your question, NO. File the I-751 alone.

Just a little comment: Your greencard expires in May 2012, so it's been issued in May 2010. And your divorce was finalized in July 2010. I swear I'm not accusing you of anything, but be prepared to answer some tough questions if you're selected for an interview...

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

Yes I know my timing was very suspicious. My ex-husband had already started the affair back in March 2010. He found out that the girl was pregnant in late May. I got my card the week after and next thing I knew, he handed me a divorce paper. I have been in enough drama. I just need to get up and make it a better life for me.

My timing was like this

JAN 15, 2010 GOT MARRIED

FEB 22, 2010 MOVED INTO A NEW APARTMENT SIGNED CONTRACT WITH MY EX

MARCH.., 2010 HE HAD AN AFFAIR

MAY..., 2010 HE TOLD ME THAT SHE WAS PREGNANT

MAY 28, 2010 GOT MY WORK PERMIT $ GC

JUNE 1, 2010 I WENT BACK TO WORK AFTER "UNPAID LEAVE"

JULY 17, 2010 SIGN THE DIVORCE AGREEMENT

SEPT 15,2010 DIVORCE DECREE IN HAND.

NOW.. I'M COLLECTING ALL DOCUMENT. feel like fainting everytime I have to deal with this.

my ex and I didn't start our lives together as I expected because his lease with his old apartment wasn't up till late April. He was driving back and forth to our new place to get his things settled while I was repainting the apartment.

I just saved lots of receipts from our joint account. We tried to save up for our wedding in my home country but didn't happen.

Most of our proof was just utility bills and banking account. I was asked to leave work, so I couldn't get him in my health insurance. Our driving records were bad so it was expensive to join car-insurance.

I know my evidence will be hard to believe, but I'll get my ex to help me out since it was his responsibility also.

Thanks everyone,

[Krikit 1,163]

Off topic question has been split from thread and given its own here: Link

[jairoshott 0]

is short time at least you need to have a year together, you need proof of marry in good faith, took me 3 months to find all the documents i did love my ex wife,

i have my girlfriend now and sometimes i miss her when you marry somebody is forever but sometimes the circunstances,and diferences is more powerfull than the love thats the way it is, we use to fight like cats and dogs, USCIS they know i marry her in good faith ,thats what you need to do

dont blame your husband make an appointment with USCIS tell the true whats going on they will bring you a little idea, take all your documents even the last paper when he bring you here beacause you are the wife is a marry and you have the same rights if you forget at least one he will againts you and kick your butt back and immigration , leave the house file separation agreemant

then you have 30 days to find the documents or proof of marry in good faith,

I-751 petition of remove conditions

mail with the same address living together,

taxes,

health insurance both names,

dental.

vision.

life insurance

car insurance.

pictures after you guys get marry

divorce decree

withnesses or friends letters saying they know you both at least two and notarized

joined accounts

lease together and god bless you

a letter saying you love america and how america mean to you and your friends .

if he cheat on you let that go you need forgive and the end you will win and smile with the same smile he did when he put you in the jail

if you wanna know the sistem be smart and do everything right good luck

[VanessaTony 3,567]

Thanks for your help.

I do have my two-year green card now. It will be expired in May 2012. I talked to a consultant and he told me to wait till that 90 days period before filing for removing condition. I just need to renew my work permit next year and hopefully my divorce won't effect my work permit.

I have my divorce decree , it's done in July 2010. I'm trying to gather all documents and my ex husband letter to me about our divorce.

Hopefully, things won't get so complicated.

I'm going back to school next year in Jan. The only thing that bothers me now is that what if I get a deny for my 10years green card, and I'm still in school. Can I apply for the F1 visa ? I'm so confused but I'll try to do it one thing at a time.

I was F1 visa before I got married. i am now working full time in a hospital with my work permit that I applied for along with my 2 year-green card.

Thank you so much!

lumme

OP your post is 3 months old, have you file ROC yet?

You don't renew your work permit. Your work permit was voided when you got your GC. Your GC is your work permit, travel document and everything.

How did your ROC work out?