Jump to content
mrbungle

Divorce and expiration of Permanent Residence

 Share

4 posts in this topic

Recommended Posts

Filed: Timeline

Hi all..

I'm new on here, thought maybe I could get some help with my current situation..

I married two years ago to an American citizen and recently divorced. We never reached the 10 year point, so my permanent residence card expires pretty soon..

Thing is.. I have met a very special someone and now I'm wondering what would happen if I overstayed for any period of time, maybe a few months or so... Would it mean Deportation or 'Removal'...

Perhaps there is someway of fighting for my residency that I'm not aware of?....

We want time to save enough money and get a few things situated while living in the USA before we go off into the world.. But what are the risks??

Link to comment
Share on other sites

Hi all..

I'm new on here, thought maybe I could get some help with my current situation..

I married two years ago to an American citizen and recently divorced. We never reached the 10 year point, so my permanent residence card expires pretty soon..

Thing is.. I have met a very special someone and now I'm wondering what would happen if I overstayed for any period of time, maybe a few months or so... Would it mean Deportation or 'Removal'...

Perhaps there is someway of fighting for my residency that I'm not aware of?....

We want time to save enough money and get a few things situated while living in the USA before we go off into the world.. But what are the risks??

If you married in good faith and you are now divorced, you can petition to lift conditions and receive the 10-year green card on your own.

AOS

-

Filed: 8/1/07

NOA1:9/7/07

Biometrics: 9/28/07

EAD/AP: 10/17/07

EAD card ordered again (who knows, maybe we got the two-fer deal): 10/23/-7

Transferred to CSC: 10/26/07

Approved: 11/21/07

Link to comment
Share on other sites

Filed: AOS (apr) Country: New Zealand
Timeline

you can file to remove conditions on your own. if you do nothing then you might find it a bit hard on yourself in the future with the USCIS. If you leave the country after your conditional green card has expired you will not be allowed back in.

http://www.visajourney.com/forums/index.ph...p;page=751guide

7.11) ..My marriage fell apart and we are divorced. Can I still get the conditional status lifted?

A..The I-751 is normally filed by a married couple, but if you have divorced, or your US Citizen spouse has died, you may file the petition on your own. The I-751 form itself contains provisions for a waiver of the requirement to file jointly with the US Citizen spouse. You may file the I-751 immediately upon divorce or the death of your spouse, and you will be required to provide evidence that you married in good faith, rather than to just get a green card by marrying a US Citizen. You will be required to submit a copy of the divorce decree or death certificate.

The I-751 also makes provisions for a waiver for filing jointly with your spouse, if you are still married, but "battered or subject to extreme mental cruelty". If you are in this unfortunate situation, you need the help of an experienced immigration attorney.

Also search the USCIS website for information on removing conditions.

A consultation with a immigration attorney for your particualr case is always a good idea.

I 130 & I129F (K3) and AOS info in timeline

Link to comment
Share on other sites

Filed: Country: Jamaica
Timeline

I would do just as he suggested.....do it on your own.

Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

Link to comment
Share on other sites

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...