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Smalto

No green card, only a working permit

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Hello ALL,
I have been married for 2 years now, Unfortunately my wife wants the divorce.
I never received a green card, just a working permit.
I am afraid after the divorce, i might not even get a green card or be eligible to stay in the state.
I find some articles reported that after 2 years of marriage you can file a waiver form with i-751 but they all applied to conditional resident (Green card).

Please advise if there are other possibilities.
Thank you.

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hi

 

nope, that's after you get the GC, no marriage, no green card

 

removal of conditions is if you get the green card and you have been married less than 2 years, then the expiration of the green card will be 2 years and need to remove conditions, 

 

since you have been married over 2 years, if you had your interview and it was approved and you had gotten your green card, then the card would be for 10 years. 

 

 

 

 

 

 

 

 

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I did the interview already, I was hoping to have the green card not sure why it took this long.

So I guess I am dumed since my wife is filing for divorce. correct?

Edited by Smalto

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Per Matter of Sesay, your I-485 can still be approved even if you divorce your US citizen spouse, provided that you initially entered the marriage in good faith and your US citizen spouse is still willing to submit an I-864 for you (or if already submitted, will not revoke it). 

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Appreciate the information Hypnos. The Affidavit of support was handled by a friend of ours.

My wife is trying also to cancel the process by going to immigration after filing for divorce.

Do you know of steps I should follow to have my head above water, or just wait.

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~~Moved to Effects of Major Family Changes, From ROC- as similar threads are discussed here~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Your wife is the primary sponsor even if her income is $0. If she pulls her I-864 then that's game over I'm afraid. You cannot adjust status through her without an I-864, and if her income is insufficient then you'd need an I-864 from someone else as a joint sponsor too, as you already did once.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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14 hours ago, Smalto said:

Hello ALL,
I have been married for 2 years now, Unfortunately my wife wants the divorce.
I never received a green card, just a working permit.
I am afraid after the divorce, i might not even get a green card or be eligible to stay in the state.
I find some articles reported that after 2 years of marriage you can file a waiver form with i-751 but they all applied to conditional resident (Green card).

Please advise if there are other possibilities.
Thank you.

I know this isn't really helpful but why did you wait 2 years before you filed anything?


Spoiler

My timeline:
2011-10-31 US Entry with CR1
2013-09-02 ROC filed
2013-09-12 NOA
2014-03-05 Biometrics
2014-03-24 Approved
2014-05-05 Green card received
2015-04-23 Divorced
2015-06-17 Remarried
2016-08-02 N400 filed under 5 year rule
2016-08-12 NOA
2016-09-02 Biometrics
2017-05-04 Interview
2017-07-05 Oath Ceremony
Husband's timeline:
2013-01-16 US Entry
2017-07-05 Filed for AOS
2017-08-07 NOA
2017-08-23 Biometrics
2017-10-30 Received approval letters for EAD & AP
2017-11-02 Combo Card received
2018-12-13 Interview date
2019-01-02 Approved
2019-01-09 10 year Green Card received
Stepson's timeline:
2019-01-17 Filed I-130
2019-02-04 NOA


 

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20 hours ago, Smalto said:

I did the interview already, I was hoping to have the green card not sure why it took this long.

So I guess I am dumed since my wife is filing for divorce. correct?

You did your green card interview already? Then there's a chance you can still get approved and receive your 10 green card. Just hope your wife doesn't pull the Affidavit of Support before that.

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For the affidavit of support, we had a sponsor.

I did the interview and I am pending the temporary green card for all this time.

If you believe that without a temporary or conditional green card, I can still have a chance to move forward with the process even if my wife cancel the process.

can you suggest what steps I should follow after the divorce? 

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If your wife withdraws her I-864, and honestly that's likely, then you have no path forward to permanent residency. 

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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my wife is not the sponsor, a friend of mine was our sponsor because my wife was not meeting the poverty line income. So the I-864 was not based on her income. I hope I am explaining the situation better.

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41 minutes ago, Smalto said:

my wife is not the sponsor, a friend of mine was our sponsor because my wife was not meeting the poverty line income. So the I-864 was not based on her income. I hope I am explaining the situation better.

 

Your wife is absolutely your primary sponsor even if she has no income and had a joint sponsor to meet the income requirement.  That may not be what you want to hear but that's how it works.  If your wife withdraws her I-864 before your green card is approved, there's not going to be a green card for you.

 

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And to add on to that, if you're saying your wife didn't complete an I-864 for you ever then your green card likewise cannot be approved without her submitting one, even if it shows an income of $0.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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