Divorce after conditional green card

[houstonking 0]

hi,

can i please get the law proof written online about the question i will ask about my friend. my friend has conditonal green card and his wife is going to divorce him just after he got conditional green card for about 2 months. So is my friend out of status? and i dont think he can apply for waiver coz its been just 2 months. so how long can my friend stay in america. can he like stay the whole 2 years and just leave the country? if not then please show were the law is written that he is out of status coz he is not listening to me and might get arrested by authories and deported???? thanks

[Anamaria2009 1]

If he wants to remain in US legally, he can file I-751 during the 90 days before his GC expires and all he has to do (besides paying the fee for this application) is to proof with as many documents as possible that his marriage was for real and not only for him to live here as a resident. Read the instructions for I-751 and the guidelines for removal of conditions on this website.

[3600rs 24]

hi,

can i please get the law proof written online about the question i will ask about my friend. my friend has conditonal green card and his wife is going to divorce him just after he got conditional green card for about 2 months. So is my friend out of status? and i dont think he can apply for waiver coz its been just 2 months. so how long can my friend stay in america. can he like stay the whole 2 years and just leave the country? if not then please show were the law is written that he is out of status coz he is not listening to me and might get arrested by authories and deported???? thanks

Is your friend you? Regardless of the identity, I will address your problem.

The Conditional Green Card has been approved, he can stay and work. Divorce does not terminate benefits. If divorce terminated benefits all divorced alien spouses would be in limbo -- No work, no travel, no stay.

Sorry, I don't have a bookish solution to your problem, but my practical thought above will be supported by some bookish poster in subsequent posts.

Anamaria,

Your suggestion of waiting for the 90 day puts him in a murky situation. Waivers must be filed as soon as possible.

[Y's_habibitk 2]

start here:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[Anamaria2009 1]

<<Your suggestion of waiting for the 90 day puts him in a murky situation. Waivers must be filed as soon as possible.>>

- ... I've been there, done that.

I interviewed 2 immigration lawyers about this because I got divorced before the 3 moths window (for I-751 application) and both lawyers said the same thing: only during those 90 days I should apply for I-751 - which I did (about 4 months after my divorce decree was issued) ... no problem!!

and by the way, my I-751 just got approved - I must have done something right

[Anamaria2009 1]

Uh... I'm sorry, was about 6 month later that I applied for I-751 ... well, it doesn't matter, as long as it was during the 90 days before the expiration date on the GC.

Good luck!

[3600rs 24]

- ... I've been there, done that.

Seems like you have mastered the art of an approval and summarized it in a little formula. What you have been thru and achieved may not be the prototype for others.

I interviewed 2 immigration lawyers about this because I got divorced before the 3 moths window (for I-751 application) and both lawyers said the same thing: only during those 90 days I should apply for I-751 - which I did (about 4 months after my divorce decree was issued) ... no problem!!

Lawyers are human, and humans err. A top lawyer will not wait for the 90 day time countdown. The OP concerned is a Pakistani national, a high fraud nation, if a red flag is raised his Conditional green card can be terminated before the 90 day period. So, filing as soon as possible is in his best interest.

and by the way, my I-751 just got approved - I must have done something right

Congrats on your approval. Is it tough to get it right like you? No, look around most waivers are approved, filed with or without a lawyer. So, everyone is doing it right, time lines may differ.

I suggest you read the latest 751 waiver memo, it states that one can apply as soon as separation takes places. ( No 90 day, no decree need, besides a change to amend the application later).