marriage breaking

[barokitela 0]

Hello vjrners. My wife is leaving me, she is a USC and I am on a conditional residency. We have prof of good marriage. But we can not make it anymore, we tried and everything is failing. She wants to file for separation, and divorce later. Does it mean that I will be deported since we have been married for less than two years? And can you please tell me what I can do In order for me to remain here ?

[Pitaya 2,576]

~Moved from IR1/CR1 Process to Effects of Major Family Changes on Immigration Benefits Forum~

~Inquiry about marriage demise and immigration effects~

~Duplicate posting removed~

[aaron2020 11,651]

You can file to remove the conditions on your green card on your own after a divorce based on a bona fide marriage. You will not get deported if you do this.

[Ontarkie 13,937]

~~One post removed as it did not contribute to the thread, do not reply if you cannot contribute to the thread~~

[JayJayH 546]

You will not be deported. The only thing that happens when you divorce is that you and your wife are no longer legally married. As far as your immigration status goes - because you are no longer legally married, you cannot file a joint I-751 petition to remove conditions on your green card. However, if you entered the marriage in good faith, you can file the I-751 petition, and request a waiver to the joint filing requirement because you are now divorced. (Requesting a waiver is done by checking the appropriate box on the I-751).

You will be expected to prove that the marriage was entered into in good faith, and was not solely for immigration purposes.

Do the following:

- Wait for the final divorce decree.

- When you have the final divorce decree, file I-751, and check the divorce waiver box.

- If your current conditional green card expires before you have the final divorce decree, file I-751 without the divorce decree before your GC expires. The USCIS will send you an RFE for the divorce decree.

- If you can show that your marriage was bona fide, you will receive a 10 year green card (unconditional).

Edited December 10, 2013 by Yang-Ja

[youngman2013 3]

I am sorry but after the expiration of the conditional permit,you will have to prove to the uscis that the marriage is still alive.

my sister just went through the process of obtaining her 10years permit through the same process. so please find ways and means of resolving the issue or else i am afraid after the 2yr conditional permit expires,you will be on unauthorized status.. for deportation,i dont know!

Do not wait until the milk is spilt before you think of what you should do..there is no case in this world that cannot be resolved..Resolve the issue and save your marriage.

Edited December 10, 2013 by youngman2013

[christeen 966]

I am sorry but after the expiration of the conditional permit,you will have to prove to the uscis that the marriage is still alive.

my sister just went through the process of obtaining her 10years permit through the same process. so please find ways and means of resolving the issue or else i am afraid after the 2yr conditional permit expires,you will be on unauthorized status.. for deportation,i dont know!

Do not wait until the milk is spilt before you think of what you should do..there is no case in this world that cannot be resolved..Resolve the issue and save your marriage.

This advice is TOTALLY WRONG! You do NOT have to adjust status and stay in the marriage to adjust... Once the divorce is final you can adjust status by showing that the marriage is in good faith. Yang-Ja had great info in how to do this... Youngman2013 stop putting info that is misleading, if you do not know the answer, leave it to others who do!

[youngman2013 3]

This advice is TOTALLY WRONG! You do NOT have to adjust status and stay in the marriage to adjust... Once the divorce is final you can adjust status by showing that the marriage is in good faith. Yang-Ja had great info in how to do this... Youngman2013 stop putting info that is misleading, if you do not know the answer, leave it to others who do!

please read and understand a post before condemming it. the advice i am giving is for him to save his marriage. i thought you would advice him to save the marriage but you are rather telling him to wait until the divorce is over. Even when the marriage is still in place,look at the challenges that comes along with adjusting of status,how much more when divorced?

ANYWAY I NEVER ADVICED HIM TO ADJUST STATUS AND STAY IN THE MARRIAGE TO ADJUST.. PLEASE READ MY POST WELL!

[christeen 966]

please read and understand a post before condemming it. the advice i am giving is for him to save his marriage. i thought you would advice him to save the marriage but you are rather telling him to wait until the divorce is over. Even when the marriage is still in place,look at the challenges that comes along with adjusting of status,how much more when divorced?

ANYWAY I NEVER ADVICED HIM TO ADJUST STATUS AND STAY IN THE MARRIAGE TO ADJUST.. PLEASE READ MY POST WELL!

You said "you have to prove that the marriage is still alive" and that you can be deported and that you "dont know" that is FALSE advice and if you don't know, don't post that someone can be deported... This is a visa advice website and he came looking for information on his visa NOT for marriage advice...

[youngman2013 3]

You said "you have to prove that the marriage is still alive" and that you can be deported and that you "dont know" that is FALSE advice and if you don't know, don't post that someone can be deported... This is a visa advice website and he came looking for information on his visa NOT for marriage advi

ARE U SURE I SAID HE CAN BE DEPORTED?

PLEASE WHAT IS THE MEANING OF " FOR DEPORTATION,I DO NOT KNOW"?

Edited December 10, 2013 by youngman2013

[youngman2013 3]

^{let us be circumspect in our comments. we all know uscis and how they handle immigration matters; how EASY is it to to convince uscis that the marriage is in good faith? AS compared to taking steps to save your marriage and go on with the process?}

^{"When a wiseman is spoken to,he understands it in parables".}

[christeen 966]

ARE U SURE I SAID HE CAN BE DEPORTED?

PLEASE WHAT IS THE MEANING OF " FOR DEPORTATION,I DO NOT KNOW"?

Deportation means removed from the country.... If you don't know.... STOP POSTING information of which you know nothing about... This is an immigration website, if you have no useful info regarding the visa process he is inquiring, then better to let that to others...

[youngman2013 3]

Ah, is it that you dont understand english or what?

the person is asking whether he will be deported after the 2yrs and i am saying "for deportation, i do not know" so what are you talking about?

PLS READ THE POST AND EDUCATE YOURSELF PLEASE

Edited December 10, 2013 by youngman2013

[aaron2020 11,651]

Ah, is it that you dont understand english or what?

the person is asking whether he will be deported after the 2yrs and i am saying "for deportation, i do not know" so what are you talking about?

PLS READ THE POST AND EDUCATE YOURSELF PLEASE

You are too funny. Accusing someone else of not understanding English when you post the wrong information.

You are wrong that after the conditional card expires that he has to show "the marriage is still alive."

"...for deportation, I do not know." is not even proper English, so you shouldn't be criticizing another person's English when the evidence shows it much better than yours.

Just stop before you make a bigger fool of yourself.

You joined this forum today and you are already having a bad attitude when your wrong information is corrected. Take a breath.

Edited December 10, 2013 by aaron2020

[christeen 966]

Ah, is it that you dont understand english or what?

the person is asking whether he will be deported after the 2yrs and i am saying "for deportation, i do not know" so what are you talking about?

PLS READ THE POST AND EDUCATE YOURSELF PLEASE

Give it a rest newbie... Read some and educate yourself on the process andtjis website before you post...