Help w/ Conditional Greencard Issue

[maiflower 0]

ok my question is this. i am the american citizen. we hot married june 06, he received conditional greencard Nov 07. can he then file for his citizenship before Nov 2009. i have already reported him to ice, local ins office and the vermont center. my nightmare is terrible, i dont want to go into it now. today is onme of the bad days. all i want to know is how likely will he get his permanent GC without me.

[YuAndDan 153]

NO Citizenship can only be applied for starting 90 days before 3rd year of becoming an LPR. They are required to be married to a US citizen for the entire 3 years of LPR status.

Wedding anniversary has nothing to do with when Citizenship can be applied for OR when removal of conditions can be filed.

http://www.visajourney.com/timeline/profile.php?id=46791

Edited April 16, 2008 by YuAndDan

[Chica Yeyé 41]

ok my question is this. i am the american citizen. we hot married june 06, he received conditional greencard Nov 07. can he then file for his citizenship before Nov 2009. i have already reported him to ice, local ins office and the vermont center. my nightmare is terrible, i dont want to go into it now. today is onme of the bad days. all i want to know is how likely will he get his permanent GC without me.

To answer your question: if he files on his own and is able to prove the marriage was entered in good faith; he could get a 10 year card. Since you have "reported him" (I don't know what you mean by that) -- and you WITHDRAW your affidavit of support, it seems that's a different story.

[YuAndDan 153]

ok my question is this. i am the american citizen. we hot married june 06, he received conditional greencard Nov 07. can he then file for his citizenship before Nov 2009. i have already reported him to ice, local ins office and the vermont center. my nightmare is terrible, i dont want to go into it now. today is onme of the bad days. all i want to know is how likely will he get his permanent GC without me.

To answer your question: if he files on his own and is able to prove the marriage was entered in good faith; he could get a 10 year card. Since you have "reported him" (I don't know what you mean by that) -- and you WITHDRAW your affidavit of support, it seems that's a different story.

Cannot withdraw affidavit of support, that is a binding contract between US Citizen, and the government.

Making the report to ICE is a good thing, this will cause problems when attempting to file I-751 with a waiver of the joint filing requirement.

Can only file with a waiver as soon as a divorce is final, and does not have to wait until 90 days before CR-Green card expiration.

Filing after Divorce or Annulment

A conditional permanent resident with a marriage that was terminated due to divorce or annulment must file for a waiver of the requirement of the joint filing of Form I-751. To obtain an approval of the I-751 and be granted unconditional lawful permanent resident status, the conditional permanent resident spouse must be able to show that s/he entered into the marriage in good faith.

The person seeking permanent resident status should expect to undergo an interview at the USCIS about the marriage. The USCIS will closely scrutinize whether the marriage was bona fide at its inception. The USCIS will review the divorce decree and complaint for matters that may be reflective of whether the marriage was entered into purely for immigration purposes or to perpetrate fraud against the United States citizen spouse or the USCIS.

http://www.murthy.com/news/n_remcon.html

[kmineo 0]

Yep you have to be a little more specific on Reported him. Does that mean he entered into the marriage for the GC. But 90 days before Nov 09 he will have to apply for a permanent GC. Then if he is still married to you he can apply for citizenship 90 days before Nov 2010. If you aren't married, I am pretty sure he would have to wait till 2012 to apply for citizenship, that is if he is able to get the permanent GC in 2009. But I am sure someone else knows the exact conditions.

[YuAndDan 153]

Yep you have to be a little more specific on Reported him. Does that mean he entered into the marriage for the GC. But 90 days before Nov 09 he will have to apply for a permanent GC. Then if he is still married to you he can apply for citizenship 90 days before Nov 2010. If you aren't married, I am pretty sure he would have to wait till 2012 to apply for citizenship, that is if he is able to get the permanent GC in 2009. But I am sure someone else knows the exact conditions.

Can file for citizenship 3 years after getting CR-Green-card if continuously married to a US citizen, or 5 years after getting the CR-Green-card if not married to a US Citizen. So Yes Nov 2010, and Nov 2012.

Note: Citizenship is one way out of the I-864.