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Flavia

Mother is a Conditional Permanent Resident

By Flavia in Bringing Family Members of US Citizens to America

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Flavia Contributor

Flavia   1

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Filed: Citizen (apr) Timeline
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Hello to everyone!

My mother is a Conditional Permanent Resident (based on marriage to US Citizen), but she got divorced and won't be able to remove the Conditional Status.

What would be the appropriate way for me to get her a Permanent Resident Status? Should I file the I-130 or the I-751?

I'm wondering if anyone here has any experience of this sort. :blush:

engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
 Timeline
Posted

Hello to everyone!

My mother is a Conditional Permanent Resident (based on marriage to US Citizen), but she got divorced and won't be able to remove the Conditional Status.

What would be the appropriate way for me to get her a Permanent Resident Status? Should I file the I-130 or the I-751?

I'm wondering if anyone here has any experience of this sort. :blush:

Why won't she be able to remove conditions? Is there any other reason she can't besides the divorce?

The i-751 application allows for a waiver for people who are divorced.

Barring any other reasons (not sure what..) she should be able to remove conditions on her own provided that she can prove that the marriage was entered into in good faith

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
Flavia Contributor

Flavia   1

Posted
Filed: Citizen (apr) Timeline
  • Author
Posted

Why won't she be able to remove conditions? Is there any other reason she can't besides the divorce?

The i-751 application allows for a waiver for people who are divorced.

Barring any other reasons (not sure what..) she should be able to remove conditions on her own provided that she can prove that the marriage was entered into in good faith

I don't think she has enough evidence that the marriage was entered in good faith because when she arrived to the US their relationship deteriorated quickly so they didn't have any joint accounts or morgage, etc. I think USCIS would need more evidence than she can provide.

But as a US Citizen, I can apply for her as my immediate relative. So I'm just wondering what would be the process since she is already in the US.

engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
 Timeline
Posted

I don't think she has enough evidence that the marriage was entered in good faith because when she arrived to the US their relationship deteriorated quickly so they didn't have any joint accounts or morgage, etc. I think USCIS would need more evidence than she can provide.

But as a US Citizen, I can apply for her as my immediate relative. So I'm just wondering what would be the process since she is already in the US.

Hmm...That's a bit more complicated then..

I don't know the answer to your question, but my knee jerk reaction would be to say that you cannot petition for an immediate relative who is already a permanent resident albeit a conditional one.

Maybe she needs to try to Remove conditions on her own and if denied, then you can petition for her?

I don't know..

I hope someone else with more experience will come along.

Best of luck to you and your mom..

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
 
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