Jump to content

18 posts in this topic

Recommended Posts

Filed: Timeline
Posted

Yes, same as filing jointly. The extension letter is your receipt that you send your application. It is a standard procedure. Same as for your biometrics letter.

Just to clarify the previoius posters...you DO NOT become illegal. You are a legal permanent resident until an immigration judge tell you so.

Being divorced of your sponsor and as a conditional green card holder, is just that. You continue to work AND travel without problems as long you have a valid green card or an extension letter with you with an expired green card.

I was in and out of the country many times and entered without problems and continue working and even went for INFOPASS many times.

The quantity of evidence is basically the same as file jointly since is about your life together as husband and wife. I did include in a cronological way my bills and rest of papers. I did include affidavits from friends that traveled with us and knew my ex. I applied before I got divorced and then I applied again with a waiver since I got divorce before my approval. Your case should be straight forward.

Good luck!

Any one know if the extension of a year to the GC letter is sent out in the same timely fashion as if you were filing jointly?
Filed: Timeline
Posted

I have to agree with mermaid in this one.

I don't know who are your friends in DHS or if they adjudicator officers who should know better the law...not ALL the people that work in DHS belongs to USCIS or CBP. For "google" you can actually search the uscis website and found the law regarding that. There is no part that states that the conditional green card holder becomes illegal.

I did talked with several immigration officers through INFOPASS and even with CBP officers as well after I divorced (since I travel a lot) and they never told me such thing.

Once you divorced you can apply at any time since there is no major obstacle to wait for the 90 days window since you are not longer married. You can apply at any time since you are divorce up to before your green card is expired, not that you *must* apply right away. Not ALL the divorces are fast and some take longer. Most commonly you go through a separation period that takes a chunk of the time before the actual divorce procedure occurs and may be over the 90 days window.

The same apply if your spouse dies before you apply for removal of conditions. You can apply at anytime after you have the death certificate. The legal immigrant widow/er does not become illegal.

Hi ,there is no specified time to file, if u read some post, as soon as you are divorced you become illegal in the eyes of immigration,your status was based on that marraige as soon as your divorce is final, file immeadiately.

This isn't correct. The OP is an LPR, whether there are conditions or not, he is not illegal upon divorce. If the deadline to remove conditions passes then he could fall out of status, unless he can demonstrate that failing to petition to remove conditions was through no fault of his own.

Trust me, when I was preparing my divorce papers I met with 2 Immigration officers whom I know personally and they told me this, Once you are the C resident, once your divorce is final, you automatically loose your right as a resident,based on the fact that the marraige / Status was based on the Con residency through marraige this is why you can file at anytime after your divorce, trust me, you go out of status once you get divorced, even though your card is still valid. this is the way they see it,if not we will all wait until 90 days before.

I work closely with DHS guys and I can assure you this is the case, try google and see what is says about it.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...