Problems during removing of conditions

[sun2015 0]

Hi everybody,

This website is really a great resource, but I couldn't find answer to my question. Maybe someone will be able to give me some advice.

I got a conditional marriage based GC, but my marriage is literally falling apart (we are still married though). I know that I can apply for a waiver after a divorce decree, but I'm really afraid that I will get denied. (although the marriage was real at the time of inception, we don't have too many joint things together, I was also not saving bills or movie theater tickets etc. because at the time I was sure the marriage will survive).

On the other hand I have a good job here and the employer is willing to sponsor my green card through employment (EB-2 category). Can my employer start the GC process for me? Is it possible to change green card from marriage based to employment based?

I don't really want to lose in this. I have literally nothing in my home country and have lived here already for 2 years and see my future in the United States. It's very possible they will accept my waiver, but I would like to seek all possible ways just to be on the "safe side" especially when my employer is more than willing to help me with getting a permament green card.

Edited November 19, 2014 by sun2015

[seth2013 39]

Apply for the waiver first, and if that fails have your employer sponsor you. Others may have a different opinion, but that's what I would do.

[sun2015 0]

Apply for the waiver first, and if that fails have your employer sponsor you. Others may have a different opinion, but that's what I would do.

But if I get denied with the waiver, it will take at least few months for my employer to get job PERM and sponsor me during which I can be removed from the country (I will be out of status). I really don't want to lose this job and go back to my home country to wait for this process.

Maybe it would be better to let the employer start the PERM certification now, and then when/if my waiver will be denied, to automatically apply for my green card and adjustment of status at the same time the following day. Is this possible?

Of course I'm painting here the worst of the worst scenario, but after reading about all the stories online, I'm really panicking.

So the bottom line is - can my employer start the PERM certification now when I'm on a conditional marriage based green card?

Edited November 20, 2014 by sun2015

[seth2013 39]

You already have a green card, so it wouldn't make sense for you to apply for another one. You would, however, have some warning before a denial as they would send you an RFE for more evidence and then an interview notice before the denial, so there would be time to plan. If you did have an interview, no doubt you'd be able to size up the attitude of the interviewing officer at the time and get a feel for whether you'd be approved or not.

I don't know about getting a PERM certification when you already have a green card, your employer may need to talk to a more knowledgeable immigration attorney about that.

[jjbandero 39]

You already have a green card, so it wouldn't make sense for you to apply for another one. You would, however, have some warning before a denial as they would send you an RFE for more evidence and then an interview notice before the denial, so there would be time to plan. If you did have an interview, no doubt you'd be able to size up the attitude of the interviewing officer at the time and get a feel for whether you'd be approved or not.

I don't know about getting a PERM certification when you already have a green card, your employer may need to talk to a more knowledgeable immigration attorney about that.

I agree with seth2013, if your employer is willing to sponsor you, presumably they will ask an immigration attorney to help file your paperwork, you can ask to speak to the attorney earlier in the process and get your answers that way.

[hmh33 117]

It is really, really, rare for I-751 waiver applications to be denied. There can be RFEs and interviews but it's almost certain to ultimately be approved as long as the marriage was genuine, even if the evidence is scant.

[seth2013 39]

It is really, really, rare for I-751 waiver applications to be denied. There can be RFEs and interviews but it's almost certain to ultimately be approved as long as the marriage was genuine, even if the evidence is scant.

Agreed.