Green Card after divorce

[lili0301 0]

Hi everybody...

I got married last october but unfortunatelly our relationship didn't work out and after a lot of pressure I signed the divorce last month.

I had my change of status interview last february in San Francisco and the man said everything was fine but I haven't heard anything from them since then. I called the USCIS and they said the process could take a year. My question is can I still get my green card even if I'm already divorced? Is it normal the process take so long? Please help me. I have been stressed because of this.

[Gary and Alla 3,694]

Hi everybody...

I got married last october but unfortunatelly our relationship didn't work out and after a lot of pressure I signed the divorce last month.

I had my change of status interview last february in San Francisco and the man said everything was fine but I haven't heard anything from them since then. I called the USCIS and they said the process could take a year. My question is can I still get my green card even if I'm already divorced? Is it normal the process take so long? Please help me. I have been stressed because of this.

To adjust from K1 does not normally take a year. 3-6 months, ours was done in two months. We had the card two weeks after the interview, thoug I have heard card production is delayed about 8 weeks now, but it WAS NOT in February. We had our interview January 15 and received the cards January 29.

You cannot receive a green card. This green card which you WOULD have received is the "conditional" green card. It is conditioned on you remaining married to the petitioner in your case. You need to prove you have a legitimate marriage to receive the card and prove again in two years you are still married to him to receive a new "non-conditional" green card.

Unless he is brain dead, your former husband has already notified the USCIS and there will be no forthcoming action on your case. You are out of status and need to return to your home country.

Edited June 14, 2009 by Gary and Alla

[Nlove 0]

Hi everybody...

I got married last october but unfortunatelly our relationship didn't work out and after a lot of pressure I signed the divorce last month.

I had my change of status interview last february in San Francisco and the man said everything was fine but I haven't heard anything from them since then. I called the USCIS and they said the process could take a year. My question is can I still get my green card even if I'm already divorced? Is it normal the process take so long? Please help me. I have been stressed because of this.

Gary posted good info. Just relieve yourself of the stress and go back to your home country.

[Ladylethal 12]

Actually, if she had the interview already and receives the card technically she's legal, except that when she goes to remove conditions they might frown on the fact she was divorced prior to receiving the card.

Gary's suggestion to return to Brazil is a valid one.

[Ban Hammer 13,334]

moved from K-1 Fiance(e) Visa Process & Procedures to Effects of Major Family Changes on Immigration Benefits

[Gary and Alla 3,694]

Actually, if she had the interview already and receives the card technically she's legal, except that when she goes to remove conditions they might frown on the fact she was divorced prior to receiving the card.

Gary's suggestion to return to Brazil is a valid one.

Hmmm. True enough BUT. (the but-monkey, oh no!) If she had her interview in February and no green card yet, and she signed divorce papers in May, hmmmm, me thinks someone posted a letter to the USCIS.

No doubt there are some "lame duck" conditional green cards out there. But there is no way I can advise you a way to stay when the terms of the visa have not been met.

[Ladylethal 12]

Which is why I said she could encounter problems with removal of conditions and that it's best to return to Brazil.

[Anh map 2,098]

Given the stress in your relationship can you be sure that something wasn't sent to you? Did the person on the phone at USCIS tell you that your case was still being processed?

[diadromous mermaid 36]

Actually, if she had the interview already and receives the card technically she's legal, except that when she goes to remove conditions they might frown on the fact she was divorced prior to receiving the card.

Gary's suggestion to return to Brazil is a valid one.

Hmmm. True enough BUT. (the but-monkey, oh no!) If she had her interview in February and no green card yet, and she signed divorce papers in May, hmmmm, me thinks someone posted a letter to the USCIS.

No doubt there are some "lame duck" conditional green cards out there. But there is no way I can advise you a way to stay when the terms of the visa have not been met.

Gary,

Just to make sure we don't precipitate misunderstanding, the terms of the "visa" were met once the K-1 entrant entered into marriage within the 90-day limit. However, you are right that the successful adjustment of status requires a viable marriage, even if the marriage was still viable at the time of an interview, or a the time that the case was rviewed, if it is not viable, and in fact has terminated prior to approval, unfortunately the alien will not be able to adjust status this way. Even if she is now awarded a green card, it would be in error. An error that would later come to haunt her if she proceeded with permanent residency.