trees

No, if someone has the greencard, and they divorce before they remove conditions, that person can file for their own removal of conditions.

Only if they lose the greencard, will they have to leave, and cannot work/travel outside the US.

As soon as the divorce is granted, they can file for removal. They do not have to wait for the 90 days before the expiration of the green card.

1. They should file as soon as the divorce is granted - not wait for the 90 day window.

2. If they have a valid green card, no problems with travel.

3. Same as number 2 - but can work.

4. No matter, valid greencard is good enough to work.

5. again, file now, you do not have to wait.

Thanks for your reply. I wrote about my ex-husband, I know that he will need to remove conditions on his own. I don't know if he plans to file or not - that is his problem to figure out. I just wanted to know if he is currently permitted to come and go as he pleases and continue to work without having filed yet.

I read that if a marriage ends in divorce, the persons conditional permanent resident status terminates on the date the divorce becomes final. At that time, the person is no longer a permanent resident of the United States and they become ineligible to work or travel outside the United States, among other consequences. As such, it would be wise to immediately file the Form I-751 as a waiver. In this case the divorce was granted 9 months after the temp green card. So in reality there is a year window to apply to reach the 90 day prior to the 2 years with the temp green card.

If the waiver isn't filed for 9-12 months what consequences does the person face?

If they travel out of the US can they re-enter?

If they are working?

If their employer finds out?

What does USCIS do if they are aware of a divorce and it is at least 8 months since the divorce but still 4 months before the 90 day filing of the 2 years?

trees i can understand that u are worried that u have to pay for him..but why u wanna kick after him now..trust me..he has to proove also that he is able to survive here in the us and for that he has to have a job..if he cant show the IO black on white that he is able to take care for himself alone he will get denied..so let destiny do the work and let go

He had a job and quit. He has been coming and going to his home country each month. He doesn't have the money. I believe his money source is not above board. Does the IO truely have the right to deny someone based on lack of employment? I've never heard of that.

At removal of conditions they are only interested in the evidence that shows he entered into the marriage in good faith. The affidavit of support still stands so they are not conserned about how he will support himself. The fact he does not have a job will not be an issue.

If you go to the USCIS and give info of marriage fraud they may look into your claims or they may not, anything you tell them that is not backed up with hard evidence will be dismissed, They look at most letters and information for the ex-spouse as being an act of revenge and therefore dismiss it unless you have evidence to back up your claim.

The fact that he may have got remarried would not in its self stop him from removing the conditions on his greencard. Unless you have hard evidence that his source of income is illegally obtained you can not claim that to be so.

You accepted the terms of the affidavit of support when you filed the paperwork, sadly you can not get out of the contract just because you no longer wish to be married to him. You will be his sponsor until the conditions have been met to end the affidavit of support.

Maybe its time to move on and let him get on with what ever it is he is doing. Just be thankful he is not taking you to court for spousal maintainence and using the affidavit against you.

I think that I will make a list of questions, gather the divorce papers and other items that might be helpful and make an info pass appt. That way I can infomally inform them and see if they have interest in my reasons of fraud and show them the divorce papers. Does anyone know if items can be submitted to the file through an info pass appt? I know that it appears that I'm the jilted wife but truely when I look at things now I know that his intent was fraud. I get the idea clearly to just move on but my house was broken it to last week and my first thought was that it was him. I don't have a sense of safety as I once did. I risk my sense of safety further by saying fraud but if he is asked to leave then I don't have to live with fear anymore. Is there anyone out there who has shown a case of fraud to immigration?

trees i can understand that u are worried that u have to pay for him..but why u wanna kick after him now..trust me..he has to proove also that he is able to survive here in the us and for that he has to have a job..if he cant show the IO black on white that he is able to take care for himself alone he will get denied..so let destiny do the work and let go

He had a job and quit. He has been coming and going to his home country each month. He doesn't have the money. I believe his money source is not above board. Does the IO truely have the right to deny someone based on lack of employment? I've never heard of that.

I appreciate the comments. Sorry that some of you were confused on my saying "friend" I am truely his friend. He came here on a K-1 moved in with his fiance. After a week the relation soured and she asked him to move out. He moved in with one of his family members. Yesterday, he calls me and says he is thinking about marrying his ex girlfriend who now lives in the US. I tell him I don't think it is legal. So I called him back last night with the comments that you folks posted. I think he wasn't ready to hear the info and still wanted to inquire with a lawyer which I certainly respect (if he finds a knowledgeable and truthful one). So when I speak to him next I'll pass on the most important info no matter what he must leave within the 90 days even if he does decide to marry the exgirlfriend or risk never being permitted back in the US.

thanks again

thanks everyone for taking the time to reply.

JoeyJoey I didn't realize that a reminder letter is send out. Do you know what time frame prior to the three months it is sent?

He called me a few months ago asking for the divorce papers. I told him he needs to get his own copy. I don't think that he is resourceful enough to get the needed papers. If he hired a lawyer that he might be able to pull the paperwork together. Additionally he remarried someone outside of the states and I can forsee him not marking yes he remarried. If he answers no and the USCIS finds out that he did get married can he be denied based on one false statement?

Yes I'm moving on but I know that he hasn't held a job and has proven himself to not be resposible so as much as I'd like to just drop everything I forsee that down the road he might apply for means tested benefits. So I'm concerned for my future finances.

I'm getting much closer in my decision to contact immigration. To what department/address do I write a letter informing them that we are divorced, that he remarried and that I believe that his intentions in the marriage weren't bonafied. Can I go to the location where we interviewed for adjustment of status? or let up an info pass appointment.

My husband came in on a K-1. We married, he adjusted status, we divorced. If he makes application to remove conditions (by at least 3 months prior to his 2 years) do I have a legal right to know? I ask as I am responsible for him for 10 years since I'm the one who signed the paperwork.

Hi there your ex-husband he didnt need your signature to get his 10 years green card, he can remve the condition in his own, i'm sure he got his 10 years green card by now and you dont have nothing to do with it. can you file you timeline please

We married he applied for his adjustment, received his temporary green card, I kicked him out as he was cheating on me. Filed for divorce and divorce is now final and he has about a year remaining to file to remove conditions. The divorce was final before he started/or will start to remove conditions. He will need to apply by himself. It is my understanding that I'm still resonsible for him for 10 years.

I recently read that that the USCIS will read our divorce papers if he applies. They might question the validy of the marriage based upon things written in the papers. As I now know that his intentions were not for a bonafied marriage. I have heard that it is very difficult to prove it. I'm at a lose to attempt to prove his lack of intention as he has made threats in the past and and I have resaon to believe that he might act on it. Additionally, he left with no papers of any sort to prove that it was a bonafied relationship. I don't think that he will have the ability to gather the necessary info to apply successfully.

The I-864 responsibility does not end with divorce once the AOS has occurred. The I-864 instructions specifically state: "Divorce does not end the sponsorship obligation." (Form I-864 Instructions (Rev. 10/18/07)Y Page 3)

Here is a link to an immigration attorney's website that also addresses that question: http://www.alanleelaw.com/english/web_qa/WQA2007-04-09.htm

Yes this is the information that I have always known but that is not my question. We no longer speak and I'd like to know if I have ANY right to know if he files since I am responsible for him.

My friend entered the US on a K-1 to get married - the relation soured. He saw his old girlfriend who now lives in the states. They used to date back in his country. They are now talking about getting married before his I-94 expires (90 days) and he needs to leave the US. I told him that on the K-1 he needs to marry the person who petioned for him or leave within 90 days. He said that his old girlf friend spoke to a lawyer and that it could be done if they can prove it is a bonafied relationship. I told him I don't think it is possible. Any help would be appreciated. Also I was looking for other treads on this topic but didn't locate any.

What kind of help are you looking for, for whom and for what purpose? There is no help for him, as his plan won't work. He can marry but not adjust status. I can't imagine what immigration help you would need. Do you think if you prove he won't be successful that he'll still marry you? Is THAT what you want?

I'm not looking to marry him. He called me telling me that he is now at his exgirlfriends and that this is what he is going to do. As his friend, I think he is heading down a pathway that will create lots of trouble. A lawyer tells him he can do it. I tell him I don't think such a loophole exists. I'd like to give him some info based on fact so that he can make a decision. I'm asking has anyone ever heard if this is possible? I'm asking if there is any info that tells him it isn't possible.

My husband came in on a K-1. We married, he adjusted status, we divorced. If he makes application to remove conditions (by at least 3 months prior to his 2 years) do I have a legal right to know? I ask as I am responsible for him for 10 years since I'm the one who signed the paperwork.

well tell him good luck.... he cannot adjust from K-1 without the assistance of the original petitioner

Can you point me to where I can find that info to back up what you are saying

My friend entered the US on a K-1 to get married - the relation soured. He saw his old girlfriend who now lives in the states. They used to date back in his country. They are now talking about getting married before his I-94 expires (90 days) and he needs to leave the US. I told him that on the K-1 he needs to marry the person who petioned for him or leave within 90 days. He said that his old girlf friend spoke to a lawyer and that it could be done if they can prove it is a bonafied relationship. I told him I don't think it is possible. Any help would be appreciated. Also I was looking for other treads on this topic but didn't locate any.