condtional GC not yet divorced

[perpetual 0]

Hello all I'm new to this forum.

However I have a few questions that are pressing on me.

I'm married to a u.s citizen and I have the conditional GREEN CARD, it expires on 5-8-09; sadly we are talking about getting a divorce. What are my steps to take? We have talked many other times about this however we've never done anything; sadly this time I'm sure it will happen. We have a 2 year old together and it would be much easier for me to stay here in the U.S for me to see my daughter.

What do I do in this case as my experitaion date on my conditional card is sorta coming up real soon but at the same time we have not yet filed for divorce.?

THANK YOU ALL FOR YOUR HELP

[Dakine 26]

Hello all I'm new to this forum.

However I have a few questions that are pressing on me.

I'm married to a u.s citizen and I have the conditional GREEN CARD, it expires on 5-8-09; sadly we are talking about getting a divorce. What are my steps to take? We have talked many other times about this however we've never done anything; sadly this time I'm sure it will happen. We have a 2 year old together and it would be much easier for me to stay here in the U.S for me to see my daughter.

What do I do in this case as my experitaion date on my conditional card is sorta coming up real soon but at the same time we have not yet filed for divorce.?

THANK YOU ALL FOR YOUR HELP

As long as you entered the marriage with "good faith" when you get divorced you can file the I-751 to get your 10 year GC.

Edited September 29, 2008 by Haole

[perpetual 0]

Hello all I'm new to this forum.

However I have a few questions that are pressing on me.

I'm married to a u.s citizen and I have the conditional GREEN CARD, it expires on 5-8-09; sadly we are talking about getting a divorce. What are my steps to take? We have talked many other times about this however we've never done anything; sadly this time I'm sure it will happen. We have a 2 year old together and it would be much easier for me to stay here in the U.S for me to see my daughter.

What do I do in this case as my experitaion date on my conditional card is sorta coming up real soon but at the same time we have not yet filed for divorce.?

THANK YOU ALL FOR YOUR HELP

As long as you entered the marriage with "good faith" when you get divorced you can file the I-751 to get your 10 year GC.

Thanks for the answer, but the thing is that we have not yet filed for divorce yet

[Old Dominion 26]

Hello all I'm new to this forum.

However I have a few questions that are pressing on me.

I'm married to a u.s citizen and I have the conditional GREEN CARD, it expires on 5-8-09; sadly we are talking about getting a divorce. What are my steps to take? We have talked many other times about this however we've never done anything; sadly this time I'm sure it will happen. We have a 2 year old together and it would be much easier for me to stay here in the U.S for me to see my daughter.

What do I do in this case as my experitaion date on my conditional card is sorta coming up real soon but at the same time we have not yet filed for divorce.?

THANK YOU ALL FOR YOUR HELP

As long as you entered the marriage with "good faith" when you get divorced you can file the I-751 to get your 10 year GC.

Not much you can do until you have a formal separation agreement, at least....

[Ree 9]

You have to be divorced for filing I-751 with a waiver.

[safwan 0]

Hello all I'm new to this forum.

However I have a few questions that are pressing on me.

I'm married to a u.s citizen and I have the conditional GREEN CARD, it expires on 5-8-09; sadly we are talking about getting a divorce. What are my steps to take? We have talked many other times about this however we've never done anything; sadly this time I'm sure it will happen. We have a 2 year old together and it would be much easier for me to stay here in the U.S for me to see my daughter.

What do I do in this case as my experitaion date on my conditional card is sorta coming up real soon but at the same time we have not yet filed for divorce.?

THANK YOU ALL FOR YOUR HELP

hi it doesnt matter if u have daughter or not u can still get divorce and file by ur self , u need to prove other evidence like house , tax returnes , car , in u guys name ,

[Jaffy 0]

Hello all I'm new to this forum.

However I have a few questions that are pressing on me.

I'm married to a u.s citizen and I have the conditional GREEN CARD, it expires on 5-8-09; sadly we are talking about getting a divorce. What are my steps to take? We have talked many other times about this however we've never done anything; sadly this time I'm sure it will happen. We have a 2 year old together and it would be much easier for me to stay here in the U.S for me to see my daughter.

What do I do in this case as my experitaion date on my conditional card is sorta coming up real soon but at the same time we have not yet filed for divorce.?

THANK YOU ALL FOR YOUR HELP

I filled and I've been divorced for a year now. You are able to file even if you are divorced.

[belgacem 0]

Hi

same is here, you have 2 choices, first if your wife, is willing to file to remove the condition jointly, thats fine even if the divorce is pending, just make sure to file within 90 days before 5/08/09, and in that case if the divorce become final before you get approved, you will have to Re-file the I-751 again with a waiver.

the second choice if she is not willing to sign the petition with you, is to file for divorce and wait untill the divorce become final, then file your I-751 with a waiver, dont worry about the 90 days time line in this case. In this case try to get some documontations to supprot that you get in this marriage in good faith and it ended with no fault in your part, you will need for exemple: joint tax return, car registration with both names, copie of your daughter birth certeficate, letter from freinds who know that you lived together, pics, mortgage with both names, joint bank account, copie of divorce decree, car insurance with both names, lease contract with both names,and any other document you have that you feel it will help to establish that the marriage was in good faith, and the fact that you have a girl together, is a good prove of that.

here is my case

06/08/07 my 2 years GC expired

06/30/06 she filed for divorce, she did not agree to sign the petition at first then she did in one condition that i give up all my rights on my son, and thats out of question

04/28/08 divorce was final, spelled my name wrong

05/16/08 recieved order correcting my name

06/09/08 INS recieved my I-571 with a waiver

06/20/08 recieve NOA

07/30/08 Biometric done & stamp 1 year extention in my passport

10/20/08 my case still pending

As you see I filed almost a year after my 2 years GC expired, because my divorce/coustody took almost 2 years to be final, I know it is hard specially when there is a child, alot of things are going through your mind as it is in mine, if you can efford get you a lawyer to be in the safe side, and the lawyer will tell you the same things i mentioned above. hope my informations are helpfull. just need to sit with your wife and talk and see what she wants to do.

GOOD LUCK

[Bunnny 0]

As you see I filed almost a year after my 2 years GC expired, because my divorce/coustody took almost 2 years to be final, I know it is hard specially when there is a child, alot of things are going through your mind as it is in mine, if you can efford get you a lawyer to be in the safe side, and the lawyer will tell you the same things i mentioned above. hope my informations are helpfull. just need to sit with your wife and talk and see what she wants to do.

GOOD LUCK

I was just wondering...what is your immigration status in your case in the time between your card expired and the time you applied with a waiver? 1 year is a long time without a prove of residence...

[belgacem 0]

As you see I filed almost a year after my 2 years GC expired, because my divorce/coustody took almost 2 years to be final, I know it is hard specially when there is a child, alot of things are going through your mind as it is in mine, if you can efford get you a lawyer to be in the safe side, and the lawyer will tell you the same things i mentioned above. hope my informations are helpfull. just need to sit with your wife and talk and see what she wants to do.

GOOD LUCK

I was just wondering...what is your immigration status in your case in the time between your card expired and the time you applied with a waiver? 1 year is a long time without a prove of residence...

I really dont know what you can call my immigration status during that 1 year, I just did not bother to think about it, all what I had in mind is how to get coustody of my son.