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Advice needed

By cca in Removing Conditions on Residency General Discussion

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cca Community Regular

cca   13

Posted
Filed: Lift. Cond. (apr) Timeline
Posted

Hi everyone,

Me and my HUsband have unfortunatley seperated. My question is, we will be married 2 years before anything is actually finalised divorce wise. does this count towards the 2 years conditions or does it have to be from the time you recieve your conditional green card? If its the latter, could you use the fact that we have been married for 2 years in argument to stay or would i def have to leave?

It wouldnt be so bad if i did have to leave, its just that i have a great job and friends here now so financially it wouldnt be wise to just up and leave.

Thanks for advice in advance

Nimaan Enthusiast

Nimaan   27

Posted
Filed: Citizen (apr) Country: Kenya
 Timeline
Posted (edited)

The 2 years do not count if a divorce is filed. You will need to file a I-751 waiver once the divorce is finalized. The waiver is to remove conditions on your greencard since its a 2 year card. You wont have to leave if you are able to prove to immigration that the marriage was entered in good faith. If the waiver is approved, you will receive a 10 year greencard.

Edited by Nimaan

ROC:
07/2010....Attorney mailed I-751 divorce waiver
07/21/10...USCIS recvd I-751
07/21/10...NOA1
08/20/10...Bio completed
09/16/10...Recvd RFE, due 10/31
10/26/10...Mailed RFE
10/27/10...RFE delivered to VSC
04/26/11...Interview
05/11/11...APPROVED!!
05/18/11...Card production ordered
05/23/11...Received green card



N400:
04/29/13.. Eligible to file N400
04/26/13...Mailed N400..Dallas, TX
04/28/13...USPS delivered package (Priority mail)
04/29/13...NOA Priority date
05/02/13...Check cashed
05/10/13...Rcvd bio notice
05/30/13...Bio Appt
05/17/13...Walk in bio successful
06/28/13...Placed in line for interview scheduling
08/06/13...Recvd email interview has been scheduled
08/10/13...Recvd Interview letter
09/12/13...N400 Interview
09/12/13...Decision cannot be made
10/21/14...Biometrics (second time)
01/05/15...In line for oath scheduling

01/21/15...Oath Ceremony

01/21/15...Applied Passport

02/05/15..Received Passport

Journey Over!!

SonoranSongbird Proficient

SonoranSongbird   3

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted

There is a branch on VJ called "effects of major family changes on immigration." That might be helpful for you.

K1

10/02/2007 ~ Sent I-129F to CSC

2/27/2008 ~ NOA2!!! (148 days)

5/27/2008 ~ Interview --- APPROVED!!

5/28/2008 ~ Visa in hand (239 days)

7/17/2008 ~ POE Portal, North Dakota

7/26/2008 ~ Marriage

AOS

8/26/2008 ~ Sent AOS/AP/EAD to Chicago lockbox

9/18/2008 ~ Biometrics in St Louis

9/22/2008 ~ Transferred to CSC

11/05/2008 ~ AP/EAD approved (71 days)

1/20/2009 ~ AOS approved!!! (147 days)

1/29/2009 ~ 2-year GC arrived (156 days)

Removing Conditions

11/18/2010 ~ Sent I-751 to CSC

11/19/2010 ~ I-751 delivered to CSC

11/19/2010 ~ NOA1

12/10/2010 ~ Received biometrics letter

12/21/2010 ~ Biometrics in St Louis

12/29/2010 ~ Touch

1/04/2011 ~ Case status finally available online

2/16/2011 ~ Approved!! (89 days)

2/22/2011 ~ 10-year GC arrived (95 days)

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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