Anamaria2009

<<This is not the policy of USCIS, and many attorneys would recommend against it. Technically, when a marriage ends then the "condition" upon which the conditional status is based also ends. If USCIS learns about the divorce then they are compelled to take action to revoke the LPR status of the conditional resident. This means sending a notice of intent to the immigrant, followed by removal proceedings. This is spelled out in section 216.3 of Title 8 of the Code of Federal Regulations. If USCIS learns of the divorce then the conditional resident could be forced to immediately self-petition for removal of conditions or face deportation. USCIS can learn about the divorce any number of ways, including something as simple as a letter from the sponsor.>>

- Oh well, if this would be true in the real world, then I would have been deported a year ago, when my sponsor made all the efforts humanly possible to have me deported. He called the ICE accusing me of fraud. He even filed a false missing person report with the police trying to stage me and "to prove" what a "fraud" I was. His allegations werent true and it only took the police detective one phone call on my cell phone, to find me.

Even in cases where the USC tryies desperately to have the immigrant deported, that ain't happening! (unless proven guilty of fraud or some criminal activity)

<<The best advice, and the advice which you'll get from many immigration attorneys, is to prepare your evidence while the divorce is pending, and to self-petition for removal of conditions as soon as the divorce is final.>>

- ALL the immigration atturneys that I interviewed (because as you can see, my case was difficult, not quite a typical brake up...) told me that only during those 90 days I should apply for I-751.

A while ago, on this forum I read the post of somebody complaining that the application was rejected because was filed before the 90 days window.....

Still, if it makes you sleep better at night, file early. All you risk is loosing is some money (the atturney and/or application fee).

But then again, it might be a success and you will get your GC early.

Good luck and keep us posted!!

Congrats!!!!

On my approval letter was the same message ....

here are a few details

http://hpolatsek.com/topics-library/alien-...ard-green-card/

The extension letter is good enough to travel (make sure you don't loose it while abroad). I traveled with the GC expired, extension letter and passeport - that's all you need documentwise.

<<Some people make a Infopass appointment and get a temporary I-551 [GC] attached to their Passport.>>

When I went for my biomatrics, they told me that there is no other stamp/visa that would substitute the extension letter. The NOA is IT!

<<With respect to question 1, there are numerous posts here on VJ in this sub-forum that suggest filing the I-751 immediately after receiving a decree since a holder of a conditional green card is allowed to be in this country based upon marriage.>>

- you obtained the GC based on marriage and your status, wich was "married" (not single, divorced or widow....)

<<Since that marriage is no longer valid, by proxy, one might suggest that the green card is no longer valid.>>

- no, your status as a person changed and you become "divorced" (not married, widower... ). your GC is valid until the expiration date on it (that's whay is tere, on the card. If the divorce decree would end the validity of the card, it would say so on it. Valid until xx/xx/xxxxx or until a divorce decree is issued....).

The exception to this might be an annulment of marriage based on fraud for obtaining immigration benefits but even then, the USCIS has to have serious evidence against you to deprive you of your priviledge of recidency. Another exception is: you having criminal record.

I read the posts of a lot of people that obtain a divorce decree way before that 90 days window but they filed only during that 90 days window, like I did.

( - read my profile - )

<<I see your point with respect to question 2. I'm in 2 minds whether to hire an attorney or not. One reputable lawyer I interviewed who had good knowledge on this is only charging $750 for removal of conditions. If I file myself it's $600 so I figured the presence of a lawyer's name on my application might give it 'more weight'.>>

- The only "weight" is that you are hiring a lawyer because you can afford one!

There are people that clean their own houses and there are some that hire cleaning ladies ... because they can afford it.

1. As soon as my decree is here I'm going to immediately file for removal of conditions and inform the USCIS.

- I don't know who advised you to do so but you don't have to file until the 90days window before your GC expiration date. I had the same doubts as you when I got divorced but it turned out that filing just before the expiration of the card was ok (this was also the advice of a lawyer).

My concern is that am I able to still work legally immediately after receiving my decree and during the process of USCIS processing?

- no problem! as long as the GC is valid you can work/travel and so on... after the expiration of the GC you would need the NOA (extension letter) to be able to travel.... and to work... who cares?! don't you see how many illegals work in this country even using somebody elses ssn?! ... the only problem might occur if you change jobs when your GC is expired and you didn't received the extension letter but this takes usualy about 2-3 weeks...

2. I'm going to ask an attorney to go to the interview with me. What are your thoughts on this? I believe it's a good investment and would be more favorable (and safer) to be represented legally.

-The only thing that a lawyer is interested in is getting money from you as much as she/he can! Make no mistake about this. (I delt with lawyers more than I should have ... because I was scared, as you and I thought they help. ... uhhh... what an error. Hire one only if you don't know or cannot do the paperwork yourself.). Hiring a lawyer is not an investment, is a loss!

I know after reading some posts some people think it's a waste of money but I think $500 for legal representation (this is one quote, some are higher and lower) is worth it.

- Get a psychologist for that amount of money; the benefits are much better, I am sure.

VAWA and removal of conditions ? what is the best way for us to get help with this and is it better to seek help for these issues prior to divorce or after divorce?

- vawa is for spouses trapped in an abusive marriage.... if she can get a divorce decree before her GC expires, then she only needs to file the I-751 when the GC is about to expire ... until then, no need to bother with USCIS.

You have 2 issues:

1. the divorce: she can represent herself, doesn't need a lawyer but because she doesn't know English too good - as far as I understand from your post - she needs somebody to help her with the paperwork. Go to the family court and see what papers have to be filed.

2. immigration: she has to get toghether all the documents that can proof a bonafide marriage. With these and the divorce decree she will file the I-751 during the 90 days previously to the expiration date of her green card. Proof of abuse might make a difference but if she has the divorce decree by then, all she has to prove is a bonafide marriage and the circumstances that surrounded the ending of the marriage. (see my profile for an index of documents for the I-751 application).

He cannot deport her but make sure you have this threats recorded/documented.

<<as I don't think my ex will admit he left me because of his family pressure... and it will be a red flag if our stories don't match exactly>>

Yes, you don't want anything that "doesn't match". The picture that you create with the supportive documents has to be crystal clear.

<<What should be included in husband's affidavit? Super details or just one page stating how we met, got married, why separated etc.?>>

- As you can see in my profile, in my case ... wasn't the case ... ... I dealt with a World Class As****.

You and your ex-spouse (if is so cooperative ...) could write and affidavits stating how you met, fell in love, decided to get married, lived together and tried to build a relationship, to have a family - had a true marriage - ...then what went wrong?!, did any of you tried to reconcile!? explain how you came to the conclusion that the marriage is impossible and decided to split for good.

Whoever will read the story has to realize that you didn't marry only to gain immigration benefit (residence) - this is the whole point. You wanted a family - emphasize on that - if is true, ofcourse.

<<Also, May I ask who were the plaintiff in your divorce case?>>

Sure, see my story by checking my profile. ... there is a list - index - of what I submitted.

Just wondering by being a plaintiff, does this make me look like I'm trying to commit a marriage fraud?

- I guess you just have to wait and see what will happen. Nobody can predict what will happen in your case.

Each relationship is different, every person has his'her own story. Jut try to do your "homework" good and hope for the best.

Yes, I was quite surprised that it took only 4 months to have my application approved (considering the fact that was a waiver and a huge documentation...).

<<What about a letter of employment?! >>

If they want to see if you are still employed and pay social security, they have means to do this... but if you pake a copy of a recent pay stub doesn't hurt and could also be used as proof of address.

(If you are able to keep a job for a long time, that alone says something about you. ... you know what I mean?! (works in your favour as a reliable, trustfull person - good moral caracter).

<<And should I really write an affidavit also? That seems kind of weird. What weight does my affidavit has?>>

It is the heaviest of all. If you are called for an interview because your story and the supportive evidence that you submitted has too many missing pieces, then you better not contradict yoursef in your statements.

<<<<They could assume that I would say whatever it takes of course, so does it really makes sense?>>

Your words count a lot, it's the truth..... until prooven otherwise.

Innocent until prooven guilty (of fraud - isn't this the whole purpose of this conditional status????)

Uh, now I see that you will get a divorce decree ... sorry I overlooked your entire statement.

You will be fine with all that evidence that you were married "for real" .

Good luck!

to file with a waiver on bonafide marriage, you need a divorce decree.

if you don't have a divorce decree, then you have to prove abuse and file under the abuse waiver situation

<so iam thinking about the evidence now..i can not file the abuse waiver because i have no police reports>

tough luck; you have to prove somehow the abuse ...

otherwise, file jointly ... but if he doesn't cooperate in case the USCIS calls for an interview... you are up the creek

write your own affidavit and explain how your met your spouse, why you married him and the circumstances surrounding your split up / divorce. (read carrefully the instructions of I-751).

For good moral character, go to the police and get a statement that you don't have any criminal record (explain that is for immigration and they will know what to give you).

IRS documents are important.

(I didn't filed jointly - and I got approved w/waiver - so, basicaly they want to see how much you make/contribute to the US economy).

<<One of the most important document which is needed is the lease which is supposed to be signed together.>>

No, you only have to show that you live at the same address. (I didn't have a lease or own a home.. we lived on my in-laws property and was a verbal agreement...). I went to the twon hall and got the document that shows who is paying the tax on that property and I had correspondence in my name to that address. If you have utility bills - those alone show that you live there.

<Do i have to renew the lease? >

No.

<I do have a lot of other documentation proving we stay together like the driver's license has the same address on it, we have a joint bank account, we will file for the joint tax returns, pics from trips taken together. investments made etc. Will this all suffice??>

- it's more then I had and I was approved in 4 months with a waiver (because I divorced tha USC...).

Don't stress yourself over it. If USCIS needs evidence of anything from you, they will ask you.

Many people are afraid of the "deportation" threats by USC spouses (and even USC families) and therefore decide to accept their situation.

Thank you all,

yes, unfortunately many immigrants don't know what is/qualifies as abuse and what rights and means to fight the abuser(s) are here in US.

I didn't know either... but I learned the hard way.

And for those who have sense of humor, there are a few videos on youtube that amused me a lot "LA I.C.E."

Seriously, ICE will come after you only if you commited a crime. Divorcing a USC doesn't qualify.

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).

<<But I was hoping that someone would post extraordinary affidavits as well, i.e. ex-husbands affidavits, etc...>>

- I had about 8 affidavits supporting my claims: bonafide marriage and good moral caracter.

For the bonafide marriage, any person that knew you as a couple can write an affidavit describing when and where he/she met you, socialized with you ... Your ex could testify that you lived as a married couple. That's what bonafide marriage is. You lived a love story and you were married, shared everithing. Nobody has the right to judge you why you aren't married anymore and even the reasons why you broke up. It's your life!

I wrote an affidavit describing the entire history of my relationship with the USC from the very begining until the very end. I believe that's the most important affidavit of all.

Regarding good moral character: anybody that is somebody in the community and know you, can write and affidavit (a priest, a college profesor, congresman ... ) I had affidavits from my employers, president of a club that I belong to, a profesor.... and don't forget to get one from the local police also (stating that you don't have any criminal record).

Hope this helps.

<<Keep records for everything!>>

Right, documentation is what you will need. Save utility bills and correspondence addresed to you or both showing the same address (every other month).

And take a lot of pictures of you together in different locations, seasons - the camera will be your best friend.

Try to keep and save all this documentation somewhare safe from anybody or hazards (fire). ...

All Best! and not to worry, if your marriage is for real, there is no reason to fear about your legal status here.

Uh... I'm sorry, was about 6 month later that I applied for I-751 ... well, it doesn't matter, as long as it was during the 90 days before the expiration date on the GC.

Good luck!

<<Your suggestion of waiting for the 90 day puts him in a murky situation. Waivers must be filed as soon as possible.>>

- ... I've been there, done that.

I interviewed 2 immigration lawyers about this because I got divorced before the 3 moths window (for I-751 application) and both lawyers said the same thing: only during those 90 days I should apply for I-751 - which I did (about 4 months after my divorce decree was issued) ... no problem!!

and by the way, my I-751 just got approved - I must have done something right

If he wants to remain in US legally, he can file I-751 during the 90 days before his GC expires and all he has to do (besides paying the fee for this application) is to proof with as many documents as possible that his marriage was for real and not only for him to live here as a resident. Read the instructions for I-751 and the guidelines for removal of conditions on this website.

Tahnks,

- Vermont office

Hi, I just received a letter from USCIS confirming the approval of my 10 years GC!

I feel like a huge weight has been lifted off my shoulders.

This website is great and it helped me a lot with the entire process (K-1, GC and now ROC).

I will tell you my story as briefly as possible for those that are getting ready to file for ROC and are in a similar situation as I was, when I applied, in September 2009 - if I can help you with any information, I will.

I arrived here in US on a K-1 visa in 2007 and I received my temporary GC that year also. My husband, the USC turned out to be anything but the guy I knew before the marriage and I've been mostly emotionally and psychologically abused by the USC and in-laws, often threaten with deportation if I don't obey their orders. I couldn't live up to their expectations so, they decided to have me deported. My husband filed for a marriage annulment on the ground of marriage fraud for immigration benefits on February 2008 (and also I am sure he called ICE).

I contested the annulment and on August 2008 I filed for divorce based on cruel and inhuman treatment. I received the divorce decree on May 2009. I worked on my paperwork to remove the temporary conditions of my GC for a few months.

I decided to save myself a few thousands of dollars by not hiring any lawyer and I filed I-751 on September 2009 with a waiver of bonafide marriage; went for biometrics on October and got approved on December 2009.

The package I sent was big, about 250 sheets, very well organized (the index is 2 pages long), all in all illustrating the story of my relationship from the very beginning (courtship) until I got the divorcee decree.... almost 3 years of my life.

Keep your hopes up for those who are waiting to get the 10 years GC! (especially for those that are still married and file jointly : - there is no reason to fear about your legal rights here, in US).

Thank you for all your help.

At the USA airport ckeckout to come back in they will only ask to see your resident card?

- I just come back from a trip abroad and to my surprise, the entrance (at the JFK airport) for permanent residents is different from the citizens

(a year ago, residents and citizens had the same custom enterance, apart from the visitors - visa holders...).

Yes, you will need your passeport, unexpired especially if you will travel by air.

(I traveled to Canada and back last year, to Niagra Falls, walking from one side to another of the border and they didn't look at my passeport - the GC was enough.

It's safer to have all your documents unexpired.

I also had my maiden name on the passeport but wasn't any problem and nobody asked about my marriage certificate or other document to prove the change of name... but is good to have it with you, just in case.

Good luck!

Yep, you actually need either a divorce decree or .... you better prove a good ongoing marital relationship...

If you live in NYS, in theory, after 1 year from the separation, you can get a divorce decree but the trick is that the other spouse can have a change of heart and not agree to the divorce ...

The best way is for him to file for divorce and you won't contest it, then you will have a divorce decree in a few months. ...

Good Luck!