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Korn0022

Divorce during Conditional Resident (merged)

By Korn0022 in Effects of Major Family Changes on Immigration Benefits

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Korn0022 Rookie

Korn0022   0

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Filed: Other Country: Thailand
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My girlfriend, she on divorce process with her ex-husband while she just received her conditional resident(2 yrs green card.). I heard that her ex-husband want her to be remove by January 2017.

I did some research, they said she would be able to file I-751 by herself but what happen if they sent her to removal process.

I would like to know what will happen to her, would she really going to get remove from us, or anything that I could help her with my u.s. citizenship?

Also what kind of lawyer that I have to look for now and after please help me and my girlfriend out

Thank you.

Edited by Korn0022
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KayDeeCee Grand Master

KayDeeCee   4,891

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Her ex cannot have her removed. Yes, she can file for ROC on her own once the divorce is final. She will need proof that the marriage was entered into in good faith. Read through the I-751 instructions, and you can also search here on VJ for topics about filing ROC with a divorce waiver.

If she wants to, she can seek help from an experienced immigration attorney.

~ Moved from K-1 Process to Effects of Major Family Changes on Immigration Benefits ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Korn0022 Rookie

Korn0022   0

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Her ex cannot have her removed. Yes, she can file for ROC on her own once the divorce is final. She will need proof that the marriage was entered into in good faith. Read through the I-751 instructions, and you can also search here on VJ for topics about filing ROC with a divorce waiver.

If she wants to, she can seek help from an experienced immigration attorney.

~ Moved from K-1 Process to Effects of Major Family Changes on Immigration Benefits ~

So there is no way they will take her green card back, and after divorce she can file an I-751 form to removed conditional, is it a necessary to seek for an immigration attorney?

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ZoeUK1989 Collaborator

ZoeUK1989   35

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I think there are certain conditions as to file this normally you need the two people in the relationship but she can apply for a waiver.

It looks like she will have to prove that the relationship was genuine and also prove that to deport her would be of hardship to your girlfriend.

How long has she been married for?

The process also depends on whether the divorce has gone through before she applies or after.

If i was her i would definitely seek a lawyers advice that has dealt with this before and has a high success rate.

I am also curious as to how it works with the affidavit of support now you have mentioned this... Does the Affidavit only stand until the beneficiary has the conditional green card?

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aaron2020 Grand Master

aaron2020   11,651

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She can lift conditions on her green card with a divorce waiver.

The I-864 obligations ends only under certain conditions. You can find these conditions in the I-864 instructions. Losing a green card is one of them. If she fails to lift the condition and her status expires, then the I-864 obligations ends. If she lifts the conditions, then the I-864 obligations continues.


Did you know your girlfriend before she left for the US?

Is she planning on marrying you and petitioning you?

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Korn0022 Rookie

Korn0022   0

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I think there are certain conditions as to file this normally you need the two people in the relationship but she can apply for a waiver.

It looks like she will have to prove that the relationship was genuine and also prove that to deport her would be of hardship to your girlfriend.

How long has she been married for?

The process also depends on whether the divorce has gone through before she applies or after.

If i was her i would definitely seek a lawyers advice that has dealt with this before and has a high success rate.

I am also curious as to how it works with the affidavit of support now you have mentioned this... Does the Affidavit only stand until the beneficiary has the conditional green card?

The married was less than 2 years, first off she ran away from him becauce the guy is so horrible. She move down to live with her cousin before we met. Also this divorce was happen after she got a conditional resident (2 yrs GC)

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Korn0022 Rookie

Korn0022   0

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She can lift conditions on her green card with a divorce waiver.

The I-864 obligations ends only under certain conditions. You can find these conditions in the I-864 instructions. Losing a green card is one of them. If she fails to lift the condition and her status expires, then the I-864 obligations ends. If she lifts the conditions, then the I-864 obligations continues.

Did you know your girlfriend before she left for the US?

Is she planning on marrying you and petitioning you?

She still here in US, but I heard that her ex-husband was talking to immigration to have her remove by January 2017. If the worst case happen I would like to know if I can marry her so sha can stay here with me?

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ZoeUK1989 Collaborator

ZoeUK1989   35

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I would think they will look at things like how long the marriage lasted, the grounds for divorce, if he was violent (not just a horrible person) and what her situation would be if she was to be deported.

So has the divorced been finalised?

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Korn0022 Rookie

Korn0022   0

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I would think they will look at things like how long the marriage lasted, the grounds for divorce, if he was violent (not just a horrible person) and what her situation would be if she was to be deported.

So has the divorced been finalised?

The divorce havent been finalized, she has her daughter with her, and the guy is not taking a good care of her can her daughter. I don't really know if there is a violent cuz She is super stress right now so I dont wanna ask her much of the question.

On my side I would like to do anything to keep her and her daughter here. Or if she really get deport, would i be able go marry her and brig her back here?

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Korn0022 Rookie

Korn0022   0

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If she fails to remove the condition and her LPR status ends, you can marry and file for her.

What is LPR mean tho, also is that mean she have to go back to her country first or I can do after her divorce has been finalized.

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ZoeUK1989 Collaborator

ZoeUK1989   35

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I would just advise you let her get her divorced and her issues sorted before you think about marrying her so she can stay. There may be more to the problems in their marriage than meets the eye and you are not willing to ask for the story because she is stressed...

She is going to have to talk about it at some point and why not choose the person she is now in a relationship with?

I will have to stop commenting on this post...

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EM_Vandaveer Experienced

EM_Vandaveer   2,364

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Filed: Citizen (apr) Country: Hungary
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If she fails to remove the condition and her LPR status ends, you can marry and file for her.

Is this true? I always assumed that if someone doesn't even try to file I-751 and instead files for a new AOS with a new spouse, USCIS would automatically assume that the first marriage wasn't bona fide.

What if the original entry was on a K-1?

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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