GC expiring in 2012 but going through divorce

[Erthwhile 0]

Hi,

I am a CR1 resident and I just entered the USA 2 months ago. I and my wife are going through a divorce process (consensual) because we realized that things have changed in our marriage. After the divorce will be finalized, I will apply to remove conditions on my own. My question is: how long does that process take? Will my rights as green card holder be in place until I will receive an answer, even though I will be divorced during the filing? Will I be able to leave the country and re-entry for short times (I have a trip scheduled with my university)? The GC, I repeat, expires in 2012.

Thanks a lot!

[YOUTOO 2]

Hi,

I am a CR1 resident and I just entered the USA 2 months ago. I and my wife are going through a divorce process (consensual) because we realized that things have changed in our marriage. After the divorce will be finalized, I will apply to remove conditions on my own. My question is: how long does that process take? Will my rights as green card holder be in place until I will receive an answer, even though I will be divorced during the filing? Will I be able to leave the country and re-entry for short times (I have a trip scheduled with my university)? The GC, I repeat, expires in 2012.

Thanks a lot!

The whole idea of waiting two years before applying to remove conditions is to show that the marriage was bona fide. Since you are in the U.S. for just two months and already in divorce proceedings, USCIS will not look at your situation in a positive way. I am not hopeful that you can do what you plan to accomplish. Maybe time to contact an Immigration lawyer?

[adonis123 2]

Just think, doesnt it sound fishy to you. Its same as some one coming on B1/B2 and within a month or two marries and apply for AOS. You will have to prove you didnt do this all just for landing here.

[Erthwhile 0]

Just think, doesnt it sound fishy to you. Its same as some one coming on B1/B2 and within a month or two marries and apply for AOS. You will have to prove you didnt do this all just for landing here.

Well, the difference here is: I and my wife have been married for over two years! We just happened to live in Italy. I can hardly see a lack of bona fide in our marriage!! We planned to come to the US and we just happened to have these serious problems after we came here/during the time we processed my gc. I mean, i don't see what's wrong with it, things happen unfortunately

[Erthwhile 0]

Well, the difference here is: I and my wife have been married for over two years! We just happened to live in Italy. I can hardly see a lack of bona fide in our marriage!! We planned to come to the US and we just happened to have these serious problems after we came here/during the time we processed my gc. I mean, i don't see what's wrong with it, things happen unfortunately

Seems like an immigration lawyer is the best option... mmmph... more money to come...

[Brad and Vika 129]

Baiting and personal attacks are violations of the TOS accepted when you jioned VJ. I have removed a couple of posts with TOS violations, but taken no administrative action at this point. Please keep it civil.

[Jamericanlove 31]

Hi Rob C.

I'm sorry to hear about your situation and I agree that sometimes the tone of comments in here are very judgmental when we know nothing of each others background and life. That said, certain points being made are not to be taken lightly. You came to the US on a conditional residency basis 2 months ago. It's not going to look good on your part getting a divorce so shortly after arrival and while it's not impossible, you'll probably have a harder time convincing them you didn't enter into a sham marriage for the sole purpose of getting over here.

I think the best advice was given earlier. Seek an immigration lawyer. Also, if your wife is still cordial with you I would ask her to write a letter on your behalf explaining everything and supporting you in your effort to stay in US even though your genuine marriage didn't work out. Things happen and sometimes the timing isn't the greatest but if your relationship was real you should hopefully be able to prove this, have your conditions removed and move on with your life.

All the best to you and please come back to report your progress as you go along.

[anitacastillo 0]

Rob,

If your green card doesn't expire until 2012, you should have no problem exiting/entering the US until then.

I know NOTHING about removing conditions without the US citizen, but wouldn't you start that 3 months before the card expires, like others do? My point being - USCIS won't know you are divorced.

Good luck!

[Jamericanlove 31]

Rob,

If your green card doesn't expire until 2012, you should have no problem exiting/entering the US until then.

I know NOTHING about removing conditions without the US citizen, but wouldn't you start that 3 months before the card expires, like others do? My point being - USCIS won't know you are divorced.

Good luck!

From what I've read around here if you get divorced before the 2 year period ends you're required to file for removal of conditions by yourself with a waiver. Waiting 2 years will not be good and if somehow USCIS were to find out about the divorce before hand that could spell problems.

Seek out the help of a good immigration lawyer Rob. It's your best bet.

[Erthwhile 0]

From what I've read around here if you get divorced before the 2 year period ends you're required to file for removal of conditions by yourself with a waiver. Waiting 2 years will not be good and if somehow USCIS were to find out about the divorce before hand that could spell problems.

Seek out the help of a good immigration lawyer Rob. It's your best bet.

Thanks people. I and my wife are discussing what to do and how to do it... we love each other, and would like to see if there's room to save this marriage... Iwill keep you posted!!