can a conditional green card holder initiate a divorce and success in lifting conditions after?

Standalone · October 2, 2009

Does it matter to the USCIS who files for divorce when it comes to removing of conditions? Is it true that if the conditional green card holder initiates divorce, he won't be able to lift the conditions. Please advise.

Thanks

Otto · October 2, 2009

It isn't necessarily true, no.

visacheck · October 2, 2009

You would have to prove that the marriage was entered in good faith and explain why you filed for divorce.

Richard90027 · October 3, 2009

You came here for Love RIGHT!! It didnt work out just go home.....

visacheck · October 5, 2009

Not nice.

JimVaPhuong · October 5, 2009

Hypothetical scenario...

You fall in love with a girl in another state. You decide to move to her state in order to be with her. You give up your job, your home, sell or give away practically everything you own, and arrive in her state with only what you can carry in two suitcases. You get married, find a job, make new friends, and get settled in.

A year later, your marriage is on the the rocks. You move into your own apartment, and you and your wife decide to get a divorce. After filing all of the paperwork, the day comes for your divorce hearing. The judge says "Ok, divorce granted. Now you have to quit your job, give up your apartment, pack your two suitcases and go back to your home state." You say "Your Honor, I'm just getting divorced. Why do I have to give up my whole life here?". The judge replies "You came here for Love, RIGHT?". :blush:

3600rs · October 5, 2009

Richard,

The Philippines is flooded with water, and your heart is flooded with hate. You love sending the divorced back from where they belong. Remember that the alien sacrifices a lot to put love in the front seat. So after the divorce, I do not see why they have to start from scratch.

Well that said, remember that your an alien too. And as per your opinion the state will have full authority to throw you back into the floods of Philippines if you divorce. And if you are the USC, then it seems like you use and throw.

The system doesn't work that way, almost all waivers are approved, and justice prevails. But a fraudster should be sent back home!

Edited October 5, 2009 by 3600rs

Zen Den · October 5, 2009

:wow:

Craneman · October 5, 2009

But true.

Zen Den · October 5, 2009

this might help:

Q: Does a divorce affect status as a conditional permanent resident?

A: If the conditional permanent resident can show that the marriage was entered into in good faith, it is presumed that the alien was not at fault for failing to file a joint petition, then the alien can apply to remove ‘conditions’ on permanent residency by submitting a waiver of the joint filing requirement for Form I-751. A copy of the divorce decree and all evidences to support the bona fide nature of the marriage should accompany the waiver.

Q: Is this the only way to remove conditions?

A: According to the law, detailed in 8 CFR 216.5, the alien can petition to remove conditions by way of a waiver of the joint filing requirement with the US citizen spouse. The waiver may be filed at any time (i.e., before, during or after the 90-day filing window). The waiver may be sought if the joint petition cannot be filed due to:

--o The termination of the marriage through annulment, divorce, or the death of the petitioning spouse;

--o The refusal of the petitioning spouse to join in the filing of the petition;

--o A conditional resident child being unable to be included in the joint petition of his or her parent (e.g., if the parent died before seeking removal of conditions);

--o The conditional resident being unable or unwilling to file the joint petition because the petitioning spouse is an abusive spouse or parent.

The alien may cite multiple reasons for filing the waiver application. In fact, other than the battered spouse/child waiver, all reasons MUST be applied for at once. (The battered spouse/child waiver may be sought either in combination with other reasons listed on the same Form I-751, or on a separately-filed Form I-751.)

To qualify for the ‘good faith’ or ‘bona fide’ marriage waiver, the conditional resident must show that the intent was to have a bona fide marriage at the point when the alien married, that the marriage terminated in divorce or annulment and that it was not the alien’s fault that a joint petition could not be filed.

For the extreme hardship waiver, the conditional resident must show that, if removed, the alien would suffer hardship above and beyond that which a person who is forced to leave the United States normally suffers.

Standalone · October 5, 2009

Mr. Useless,

If you don't have an answer, please don't waste other people's time to read your post.

Chica Yeyé · October 5, 2009

Reported. This kind of comment is not allowed in the Upper Forums. :rolleyes:

As for the OP's question: yes, you can remove conditions on your own. Read the guides.

3600rs · October 5, 2009

Craneman:

Dont support a half truth. Yes true, he came here for love and it did not work. But does he have to go home; never, very rarely, The USCIS has made waivers possible for aliens after a divorce.

William33 · October 5, 2009

The OP asked a specific immigration related question. Please keep personal opinions to yourself.

3600rs · October 5, 2009

Do you have anything useful to contribute to guide the OP? Or this is all you got. Well, a few of us like Jim, Len and others are trying to guide the OP of positive consequences after he files a waiver. Do not patronize when you have nothing of help to this thread. We don't need a moderator, the current are doing a good job. That said, with all due respect, if there is something far from the standards of this board, I ask the mods to cancel my posts if necessary.

standalone: the USCIS doesn't care about who triggered the divorce, all they need is good faith evidence and a legit divorce to remove conditions. So, you should be ok. Do not fret or get discouraged.

Edited October 5, 2009 by 3600rs

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can a conditional green card holder initiate a divorce and success in lifting conditions after?

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