ShariNYC

Hi,

I am a US citizen through naturalization, I have a small business in New York, registered as S-Coporation for over 5 years now. It's a one person company that I opened for my consulting jobs. It's been active and I have legitimate taxes record through out these years. I am wondering if I could hire or sponsor a Spanish national for any type of work visas or better a permanent resident. He has a high profile experience in Research and Development lab in an American technology firm in Europe, and a PhD degree. I did a little research on USCIS web site and found this document. I am not quite understand it yet and this is a very initial step I'm taking. Could anyone with specialty in this area please explain to me regarding different options I may have?

This is the document I found on USCIS web site:

https://www.uscis.gov/sites/default/files/USCIS/Resources/E2en.pdf

Thank you very much for any help, greatly appreciate.

Shari

Thank you very much for all your suggestions. So 1.5 years to go for me....not bad...yay!

So if I start counting 5 years from March 2008, then I should file for citizenship in Jan 2013?

Thank you very much for all your help/suggestion. Much appreciate.....

When do you start counting? In my card, it says, becomes permanent resident since March 2008. Do I count from that date on the card?

You can apply after you have been a legal permanent resident for 5 years. If you were still married, you are eligible after 3 years. It is actually 90 days prior to your 5th year...

I am sure you know that you will have to give up your Japanese citizenship once you obtain your American citizenship, right?

I didn't know that, is it because of Japan? or does this apply to any nationality? I know a thai person who could hold dual citizenship....

Hi,

I entered the country with K-1 in July2007, did everything right and got a permanent greencard(Removed the condition-CG). Unfortunately, the marriage didn't last. We divorced a year and a half after I entered (Dec 2008), I filed to removed the condition on my own and I'm a permanent resident now. It's been 4 years now since I first received CG after I entered the country. My question is, when can I apply for citizenship?

Originally, if I still stayed with my ex, I could file for citizenship after 5 years I entered with K-1 (which will be somewhat around March 2012). But since I divorced, how long do I have to wait until I can file for citizenship? Please help suggest I'd be really appreciate. Thank you!

Naomi

Thank you for the advice, now I'm working on my cover letter. Do you think it's necessary to include all the details since before I entered the U.S. by K-1 visa (How we met, feel in love and got married) Even though I've already done that during the K-1 process?

Please let me know, thanks so much!

naomi

- Naomi, I can feel the stress and confusion from your post; try to relax and think straight (I know is easyer to say then to do ..)

1. The affidavits are ment to support and substantiate/verify/proof your claim: that you were in a real marital relationship and people knew about it.

(How come that you are not together anymore, you can explain it in your own affidavit).

2. Expiration date?! No. Just make sure is not dated before the marriage took place

3. No need to submit post marriage bills (that would only show/proof where you live, your address).

Also, May I ask who were the plaintiff in your divorce case? I was the plaintiff for mine, under the ground of constructive abandonment by the defendant for more than one year. I can not afford a lawyer now and still very confused about how this ground works.....the truth is, marriage just didn't work out, didn't feel right staying together, changed of heart, and so we decided the divorce is what we needed. Just wondering by being a plaintiff, does this make me look like I'm trying to commit a marriage fraud? or rush to get GC sooner than having to wait for 3 years....

Thank you for the answer in advance....

Hi again,

Also I looked at your timeline, congratulation! you just finished your visa journey. I'm dreaming about that day for myself. Your progress was so quick! May I ask, so you file for waiver in Sep 09 and you got GC in Dec 09?? Am I misunderstand something here....

Hi again,

Also I looked at your timeline, congratulation! you just finished your visa journey. I'm dreaming about that day for myself. Your progress was so quick! May I ask, so you file for waiver in Sep 09 and you got GC in Dec 09?? Am I misunderstand something here....

Sorry, this post I meant to reply to Anamaria2009.....please let me know you saw it. Thanks!

Hi,

Thank you for all the posts, I found the sample affidavits from the site. But what I really want to know is that, all the affidavits from friends/landlord...etc, should focus only about our marriage relationship when we still married? and try to avoid talking about the fact that we divorced? even these people have the knowledge of it. Also my ex made me sign in the seperation agreement that he will not be involved with this or help with any ways. I did asked for a letter of bona-fide marriage from him when we divorced which was since May2009, is this kind of affidavit has the expiration date?

ok to summarize the questions:

- Should these affidavits from friends say only about our marriage relationship when things were good, and avoid talking about the divorce?

- Is there an expiration date to my ex affidavit of bona-fide marriage?

Last question from my original post:

- Do I have to submit the evidence such as bills, lease, taxes in my name only after the divorce? because they are from the same marriage address,...well maybe I'm too confused with this one, but need confirmation from people....

Please help, thank you!

naomi

- Naomi, I can feel the stress and confusion from your post; try to relax and think straight (I know is easyer to say then to do ..)

1. The affidavits are ment to support and substantiate/verify/proof your claim: that you were in a real marital relationship and people knew about it.

(How come that you are not together anymore, you can explain it in your own affidavit).

2. Expiration date?! No. Just make sure is not dated before the marriage took place

3. No need to submit post marriage bills (that would only show/proof where you live, your address).

Hi,

Thank you so much for your reply and thoughtfulness. Now the letter written by yourself caught my attention. So I need to write a 'cover letter' telling them the whole story why did I get divorce as well? Is the divorce decree not enough? because there is a ground for divorce on the divorce papers, and I thought it is the way to avoid having to go into detail that I don't want to say. Or to be clear, I'm afraid by telling too much or too little details could be a very tricky way to trigger their suspicious. I also don't want to be called for an interview either if possible (have a friend who go t a permanent card w/o an interview and she divorced too). So which way do you think is better, by writing a cover letter for myself or don't need to give them any letter at all? (I'm planing to have a cover letter but to state the fact that I'm filing for waiver and to make checklists for all the stuffs in this package, but that's about it, never thought about having to explain why I divorced.) What do you think? Your opinion will be really helpful and appreciated!

naomi

Thank you all for your advice.

I am a little confused now though.

So if I divorce now, can I send my I-751 and wait until I get a request for evidence and send the decree? I read a post that the law for I-751 waiver will change in March next year. Any news on that? How does changing the law affect me?

Hi,

I'm in the same situation as you. I'm about to file for I-175 and I divorced after a year of marriage (worse than you). Now you mentioned a letter from yourself to USCIS explaining the situation, do you mean something like a cover letter? Does it necessary? I'm trying to avoid any ways of going into details about the divorce and I do have solid evidence of bona-fide marriage paperwork during a year of marriage (I hope USCIS thinks the same : / ). This gets me worried now....

I posted some questions under the topic "Divorced and affidavits to support I-751" if you're interested to know more....

Hi,

Thank you for all the posts, I found the sample affidavits from the site. But what I really want to know is that, all the affidavits from friends/landlord...etc, should focus only about our marriage relationship when we still married? and try to avoid talking about the fact that we divorced? even these people have the knowledge of it. Also my ex made me sign in the seperation agreement that he will not be involved with this or help with any ways. I did asked for a letter of bona-fide marriage from him when we divorced which was since May2009, is this kind of affidavit has the expiration date?

ok to summarize the questions:

- Should these affidavits from friends say only about our marriage relationship when things were good, and avoid talking about the divorce?

- Is there an expiration date to my ex affidavit of bona-fide marriage?

Last question from my original post:

- Do I have to submit the evidence such as bills, lease, taxes in my name only after the divorce? because they are from the same marriage address,...well maybe I'm too confused with this one, but need confirmation from people....

Please help, thank you!

naomi

Hi,

I'm entering the 90 days time frame today and about to file to remove my condition GC by myself. I entered the country by K-1 in July2007 and got the conditional GC in Mar2008. We did everything right but unfortunately our marriage didn't work out and the divorce ended in May2009. I've been living in the marriage address and have changed all the joint names on our bills and lease to my name only since Jan 2009. Now I'm preparing all the documents which I have pretty much everything in joint names up until Jan 2009 - a year lease, joint taxes for 2 years, joint bank account, joint health insurance policy, con-ed bills, timewarner bills, and some holiday cards from friends/family.....

Since it's going to be a special case because I divorced, I'm also preparing affidavits for people which are my landlady(of the apt we were living together for a year and I'm living here now), a friend who was a witness at our wedding at city hall, and another friend of mine who hung out with both of us from time to time. Question is:

Anyone knows if these affidavits are enough and helpful to prove my bona-fide marriage besides those joint-account paper evidences that I have only for a year? And what kind of content they should say in the affidavits besides their required information?

Another question: Should I submit the lease and bills after Jan2009 until May2009 (last date in our divorce paper) which are in my name only but in the same address as marriage address? Do they care about evidence in my name only after our divorce?

Is anyone in the same situation as me?

Any suggestions would be very helpful and appreciated...Thank you!

Naomi

You should have filed to remove conditions as soon as your divorce was final.

Submit everything you have showing you guys had lived together.

Yes, I know, but I already missed that so I'm filing in the 90 days window instead. Now I want to know more about the content of the affidavits and if they would be helpful or not, and the evidence after the divorce in my name, if they are necessary to be filed?

Hi,

I'm entering the 90 days time frame today and about to file to remove my condition GC by myself. I entered the country by K-1 in July2007 and got the conditional GC in Mar2008. We did everything right but unfortunately our marriage didn't work out and the divorce ended in May2009. I've been living in the marriage address and have changed all the joint names on our bills and lease to my name only since Jan 2009. Now I'm preparing all the documents which I have pretty much everything in joint names up until Jan 2009 - a year lease, joint taxes for 2 years, joint bank account, joint health insurance policy, con-ed bills, timewarner bills, and some holiday cards from friends/family.....

Since it's going to be a special case because I divorced, I'm also preparing affidavits for people which are my landlady(of the apt we were living together for a year and I'm living here now), a friend who was a witness at our wedding at city hall, and another friend of mine who hung out with both of us from time to time. Question is:

Anyone knows if these affidavits are enough and helpful to prove my bona-fide marriage besides those joint-account paper evidences that I have only for a year? And what kind of content they should say in the affidavits besides their required information?

Another question: Should I submit the lease and bills after Jan2009 until May2009 (last date in our divorce paper) which are in my name only but in the same address as marriage address? Do they care about evidence in my name only after our divorce?

Is anyone in the same situation as me?

Any suggestions would be very helpful and appreciated...Thank you!

Naomi

I am on the same route, divorcing with my husband and will have to file for removal of CG at the end of this year.

I just met an attorney today that suggested me not to file right after I get divorce decree, but have to follow the 90 days rule, even though I pointed out to him that it says in the instruction. He insisted that if I file right away, chance that the immigration will not approve my application. From my guess, maybe he wants to temporary stretch the time I can stay in the US, in the worst case that I file right away after I divorce and if I got rejected I would lose my status. If I'm succesfully remove the conditions then everything will be fine.

I'm going to be a full-time grad student this fall and currently applying for financial aids and got some, but need to apply for more loans. I am unemployed but still have some saving and I have to do everyway to make it last for the longest time possible. I am looking for a cheaper place to live now (for half the price of what I'm paying and sacrificing nice neighbor/commute, from a very nice area in brooklyn to the bronx). I'm doing a waitress job and don't really get any tips yet but the minimum wages. I used to have a full time job and made decent amount last year. I guess I have the same question as you, regarding the student loans VS. Effect on my removal of conditions green card. Anyone could suggest, I'd be appreciate.

For the unemployment, you can file for it, but if you resigned you won't be eligible. I am not eligible becase it's so unfortunate that I only worked the last quarter last year (you need to work at least 2 quarters to qualify), and I worked this first quarter this year and got laid off which should make me qualified but I didn't make more than 1 and half time of what I made last quarter in 2008, so I'm not qualified for it : ( . So those two are rules, the way out for me is, if I get any jobs within this month and make more than last quarter 1 and half time. Then if I don't have a job anymore starting from May, I can re-file again. But it's hard because I made a lot in that last quarter...what a bad luck...

Thanks for reading and hope it helps, anyone with any answers/solutions/thoughts, I would be really appreciated.

"As far as I know, you don't need a ground for divorce in NY, if you sign a legal separation, and stay separated for one year. Then you can file for divorce, with no grounds. Someone correct me if I am wrong. "

I just went throw a divorce (contested) in NYS so, I can tell you from my experience:

- family lawyers will try to get all the money you have and then some!!... all of them, make no mistake! Don't ever trust them.

- legal separation is the a long, unnecesary and unpredictable road, at the end of the year, if any of the spouses contests the agreement it's going to go on and on... at some expense! ... not recommended!

The easyest and quickest way is for any of you (le't say him) to file the divorce and you will not contest it.

Or the other way around.

But be aware: the USCIS might want to see the complaint (allegations) and they will definetly see the divorce decree - where is mentioned the ground for wich your marriage was terminated.

So, make sure you have a good story. Most couples agree to file under constructive abandonment (wich means that even thow you lived under the same roof, you didn't have marital relations for the last year - so, make sure that the ending of your marital sex life happened right when you got your GC.... because that would look suspicious - of fraud).

Timing is important. Other then that, you could file for adultery on his part and if he doesn't contest it, you will get your divorce decree in a few months (3 or so - depending on the court's calendar for uncontested divorces).

I have a big question here: what do you mean by making sure that the ending of my marital sex life happened right when I got my conditional green card? or do you actually mean for me to make sure that the date of the ending is NOT right after I got the CG.....?

BTW, we're filing under the constructive abandonment, which I have to find out who should be the plaintiff, that will cause me no troble with removing conditions later, or make it looks least suspicious as possible. (He was the one who left me, and yes, the constructive abandonment was kind of true for our case at one point, that's why our marriage didn't work out)

"Before I sign the divorce, anything that I should ask from him? "

- Yes! Ask him to write an affidavit/letter where he states that you had a true marriage relationship but it just didn't worked out.

For whatever reason, all the immigration lawyers that I talked to advised me to get this letter....

I personally didn't even tried because I filed on cruel and inhuman treatment and the abuser type won't cooperate anyway... I can't get "his belssing" but yours seems to be more of a reasonable person...

You know, now your answer really help me think about something. Eventhough we entered marriage in good faith, but now we're divorcing and one of his request is, he will not testify for me in any ways in the future regarding my immigration. Now if I can get him to sign that affidavit before we sign the divorce, that should be enough? or I am wondering how did you file on cruel, what type of proof did you use? and Did you successfully remove your conditions now? Please help, I really need to know this very soon....

For the removal of conditional residence you need to show them that your marriage was in good faith before you get divorced. They dont want to know your financial situation. You should better collect all the evidence that you have before to get divorce. good luck!!!

U mean I don't actually have to file anything before I get divorce, but more like collect any documents from my ex before we're not seeing each other again after the divorce, so that I can file for waiver by myself later?

I do have those documents from when we were together, joint bank account, bills, some letters from people who sent to us both at the marriage address. So is it safe for me to just go ahead and divorce him now? And I'll file all these later for my removal...

Please let me know , thank you for any help!

Also anyone who had experience divorcing before removing conditions? who should be the plaintiff? In the case that we're both want the divorce and simply because it's not working out, no abuse and drama. Anyone had that experience and did you eventually get GC?? Please help...

OH..I really forgot a big point here. I live in NY and here the only way you can get a divorce is someone has to sue another ( Even though you dont' go to court, just sign the paperwork, one person has to be a plaintiff and another be a defendant). Anyone from here has a clue, which would be better for me when I file for waiver later??

Thank you so much..

Speaking from my own experience with divorce, I *think* the one who files the divorce papers is the plaintiff. When I filed for divorce from my ex I was listed as the plaintiff - I live in Georgia. This was MY experience. There may be others who will say something different or have a different experience. My best advice would be to ask your attorney...IF you have an attorney...or the one who drew up the separation documents that you signed. That person would be the best one to answer your plaintiff/defendant question.

Best wishes Naomi.

Hi, your time line is very close to mine. I received my CG in the mail in March 2007, will have to apply to remove the conditions by the end of this year. So when you file for your divorce, did you consult any attorney? And what was the ground for your divorce? Do you have any concerns for when you will file to remove your CG? Hope you don't mind I ask, would be really helpful if you could share...

Thank you

One thing, my ex-husband refuses to help in any part concerning my removal of the conditions at all after we divorce, and I know he means it!! (That answer the question why we divorce : / , you know, just can't get along anymore....people fell in love and out of it....sad..). Before I sign the divorce, anything that I should ask from him?

1.

Really has no bearing on the case. If you entered the marriage on good faith, the law allows you to apply for your own AOS.

Thank you for your reply, yes that I know I can apply for removing condition by myself(waiver), but in NY state, the only way to divorce someone is to sue the other (eventhough we dont' go to court , just sign the paper work). So my mediator is waiting for an answer from me, which ever way I prefer(after consulting someone, that's why I'm posting here before I go to immigration lawyer incase anybody have any idea). Between me being the plaintiff, or my husband, under the ground of abandonment (Not literally but more like when a spouse refused to have sex with the other for the certain amount of time, that could be the case to divorce, eventhough it wasn't true and it can't be proofed either). So please help if anyone ever done this esp. in New York.

2.

Without some way to support yourself, that could be an issue. Your husband is still on the hook with the I-864, since divorce does not end the responsibility, so perhaps you can work out something with him, (alimony), not sure. The lawyer would help.

How about if i am a student and receiving loans from the government? Just like any other students do here. It's going to be a full-time program, so basically even it's not a bad economy, I wouldnt' be able to work much. Is that gauranteed student loans each school year would be enough proof that I can support myself while I am a student? Any ideas?

Thank you so much.

Also anyone who had experience divorcing before removing conditions? who should be the plaintiff? In the case that we're both want the divorce and simply because it's not working out, no abuse and drama. Anyone had that experience and did you eventually get GC?? Please help...

OH..I really forgot a big point here. I live in NY and here the only way you can get a divorce is someone has to sue another ( Eventhough you dont' go to court, just sign the paperwork, one person has to be a plaintiff and another be a defendant). Anyone from here has a clue, which would be better for me when I file for waiver later??

Thank you so much..

USCIS does not require an affidavit of support to remove conditions on residency, I am not sure about you going for financial aids as the government could come after your husband since he did have to sign an affidavit of support for you, and he's responsible for you financially (not 100% sure but I think even after the divorce the affidavit remains valid, until you naturalize or otherwise have certain employment time requirements fulfilled), so if that will show up during removal I am not sure.

I'm not familiar with the procedure to file for removal alone, so you're better off waiting for more experienced members. Either way you'll need a lot of evidence that the marriage was entered in good faith.

Thank you, you raised a good concern about financial affidavit. It's a very good point and I'll definitely talk to someone about it.

As for the removal and waiver, I do have some evidence but it's not perfect. I mean I do have joint bank account, utillity bills, cable bills, phone bills, some letters/invitations to us at our address, but only up to the middle of last year since he left. And those are for the period of probably 6 months only (We didnt' do the joint paper work for bills right away since we got married, I should have be more careful with that. We were together for a year before he left, and we've been seperating for 8 months now before we signed the seperation agreement today, will follow by the divorce). Another evidence that I have is tax paperwork, we did file taxes together for 2 years. So if anyone know that would be enough proof for me when I file for waiver, please let me know. Thank you so much!

Try the Catholic Archdiocese of New York offices -- Catholic Charities. They are a good legal resource for any immigrant no matter whether they are Christian or not.

Thank you so much, yes, I heard about that but don't know exact name. I searched and found the contact number, going there tomorrow. Your reply is very helpful, thank you!

Hi,

My marriage ended because it just didn't work out between us. We just signed a seperation agreement today and going to file for the divorce soon after, under the ground of abandonment (Our mediator explained that this ground is very common when people just want to get divorce, basically it's not literally abandonment but more like the person refused to sleep with the other...for example). My background is, I entered the country with K-1, we did everything right and we did enter the marriage in good faith. I have a Conditional GC which will be expired in March2010. I know that I have to remove the conditions by the end of this year. My questions are:

1. I am not sure which would benefit me more when I file for the waiver by myself, between me being the plaintiff or him (I mean for the divorce). (This is kind of urgent, please anyone have any idea?)

2. To make matters more complicated, I am going to a grad school this coming fall. I am applying for financial aids and loans which seems to be no problem because I am a qualified permanent residence. I am unemployed right now(got laid-off like everyone else) and don't think I will have a job when I am in school either (It's a tough year). Is that going to make matter worse when I file for the waiver? By having a big student loans, and not having a job, chance that I might not get a green card because of that?? I know a friend who divorced before removing conditions but she has a good job and makes decent amount the whole time, she now received her 10yrs GC w/o even having an interview! My grad school will be 2 years, and I really do need to have GC to get the loans and all that, and I really want to graduate to not mess up my life further.

Please advise on both questions, or if anyone know a free immigration consultation in New York area, please suggest. I will be really appreciated any help. Thank you so much.

-Naomi

Hi,

My marriage ended because it just didn't work out between us. We just signed a seperation agreement today and going to file for the divorce soon after, under the ground of abandonment (Our mediator explained that this ground is very common when people just want to get divorce, basically it's not literally abandonment but more like the person refused to sleep with the other...for example). My background is, I entered the country with K-1, we did everything right and we did enter the marriage in good faith. I have a Conditional GC which will be expired in March2010. I know that I have to remove the conditions by the end of this year. My questions are:

1. I am not sure which would benefit me more when I file for the waiver by myself, between me being the plaintiff or him (I mean for the divorce). (This is kind of urgent, please anyone have any idea?)

2. To make matters more complicated, I am going to a grad school this coming fall. I am applying for financial aids and loans which seems to be no problem because I am a qualified permanent residence. I am unemployed right now(got laid-off like everyone else) and don't think I will have a job when I am in school either (It's a tough year). Is that going to make matter worse when I file for the waiver? By having a big student loans, and not having a job, chance that I might not get a green card because of that?? I know a friend who divorced before removing conditions but she has a good job and makes decent amount the whole time, she now received her 10yrs GC w/o even having an interview! My grad school will be 2 years, and I really do need to have GC to get the loans and all that, and I really want to graduate to not mess up my life further.

Please advise on both questions, or if anyone know a free immigration consultation in New York area, please suggest. I will be really appreciated any help. Thank you so much.

-Naomi