With Conditional GC & divorce decree just finalized

[Greg123 0]

Someone told me that since my divorce is already finalized (divorce decree already on hand), my conditional GC (expiring 2009) is no longer valid? Is this true?

I am just worried about my PRESENT status right now. I am still preparing my papers to file waiver to remove conditions and saving money for the fees.

Pls I need your inputs! Thanks....

[NickD 203]

Someone told me that since my divorce is already finalized (divorce decree already on hand), my conditional GC (expiring 2009) is no longer valid? Is this true?

I am just worried about my PRESENT status right now. I am still preparing my papers to file waiver to remove conditions and saving money for the fees.

Pls I need your inputs! Thanks....

You are a guy right? Was there physical abuse from your wife, and who divorced who? Can you show a hardship by being shipped back to your country? Is there any kids from your marriage? Your GC is still good until it expires and you should file your I-751 90 days before it does. This can get complicated, suggest finding a good immigration attorney unless you feel you can handle it yourself. USCIS major concern, did your wife marry you just to bring you into this country? If so, you may get deported and she may go to jail. That is the theme of the conditional residence.

[motu 6]

You can file for removal of conditions on your own - you would still have to provide enough proof that the marriage was entered in good faith. Many others have done this, so don't be paranoid. Approach it calmly, gather your evidence and submit it when the time comes (90 days prior to expiry). Your current status is valid - divorce doesn't negate it. Good Luck

Edited June 22, 2008 by motu

[Kathryn41 3,205]

You might also want to check for sure, but I believe that if you are divorced or if your spouse dies, you don't need to wait until 90 days prior to your green card expiring but you can file right away under those two conditions. Double check that though. Your status is valid until your green card expires, divorced or not, and yes, you can still choose to wait and file closer to the time your green card expires. As motu says, you still need to provide all of the evidence necessary to show your marriage was made in good faith and that it broke down. It does not require abuse; sometimes a marriage just doesn't work out, and USCIS understands that too. It is just up to you to prove your circumstances. Good luck.

Edited June 22, 2008 by Kathryn41