Conditional Permanent Residency and Divorce

[Jamaicagyaldat 1]

Hey everyone I need your help. I have a friend who has his Permanent Residency, but it is still conditional. Immigrated on fiance visa, adjusted status, received his green card. Now I know you have to wait 2 years after that for the conditions to be removed. His green card was delayed due to name check so it was received in December 2007. So his wife wants a divorce now. If he divorces her prior to the 2 years does he have to go back to his country immediately OR can he divorce and stay until his green card expires in 2 years?

Any help????

[SupportOAFJF 0]

I'm not the expert but .. i think he has to file to lift conditions like 3mths prior to expiration of the GC...he can stay until then and file himself but that maybe hard depending of the circumstances and if he is denied he will out of status

[*JG* 2]

Once they divorce, he can actually apply for his 10 year green card all on his own. He does not have to wait for the 2 year Green card to expire either.

I believe there is some waiver involved; but not positive on that part. Check in the change in family status section. There are always threads on this.

Tell him this, please.......there is no need for him to go back to his country BECAUSE of the divorce. As long as he is in status with a non-expired green card of any kind, he is a legal permanent resident. The statues of his marriage has no effect on his non-expired green card.

[Jamaicagyaldat 1]

REALLY!!! I am excited to hear this. He doesnt want to go back to Ja not now anyway. It sounds like an I751 needs filed butyou have to show that you entered the marriage in good faith etc. How do you do that? Kind of hard. This is good news.

Once they divorce, he can actually apply for his 10 year green card all on his own. He does not have to wait for the 2 year Green card to expire either.

I believe there is some waiver involved; but not positive on that part. Check in the change in family status section. There are always threads on this.

Tell him this, please.......there is no need for him to go back to his country BECAUSE of the divorce. As long as he is in status with a non-expired green card of any kind, he is a legal permanent resident. The statues of his marriage has no effect on his non-expired green card.

[Jamaicagyaldat 1]

REALLY!!! I am excited to hear this. He doesnt want to go back to Ja not now anyway. It sounds like an I751 needs filed butyou have to show that you entered the marriage in good faith etc. How do you do that? Kind of hard. This is good news.

Once they divorce, he can actually apply for his 10 year green card all on his own. He does not have to wait for the 2 year Green card to expire either.

I believe there is some waiver involved; but not positive on that part. Check in the change in family status section. There are always threads on this.

Tell him this, please.......there is no need for him to go back to his country BECAUSE of the divorce. As long as he is in status with a non-expired green card of any kind, he is a legal permanent resident. The statues of his marriage has no effect on his non-expired green card.

[*JG* 2]

How long have they been married and how intertwined is their life? Bills, owning things together, any kids, etc........think of all the proof you can and tell him to start collecting it.

If he cheated on her and she can prove it or if they haven't really lived like husband and wife, it could be an uphill battle. Also, if he's had more then one marriage visa. Otherwise, it's pretty hard to prove the marriage wasn't entered in good faith. Divorce happens all the time cause people just can't reconcile their differences.