when 2 year green card expires

[dynex12 0]

when the two year green card expires and the couple is no longer together, how can the person who was petitioned extend if the USC is not willing to sign or even make a testimony that the marriage was entered in good faith?

[marriedtomrg 141]

Your question is best answered if posted on the Effects of Major Family Changes on Immigration Benefits discussion group.

Depending on circumstances, the non-USC spouse can still file for removal/lifting of conditions (and get the 2-year GC converted to a 10-year GC) even if you're no longer together.

Are you guys divorced? If yes, who initiated the divorce and how long have you guys been apart?

Other VJ members may need more information to go on for you get a specific answer...I'd suggest you describe your situation up to the present.

when the two year green card expires and the couple is no longer together, how can the person who was petitioned extend if the USC is not willing to sign or even make a testimony that the marriage was entered in good faith?

[Bobby+Umit 161]

You would divorce prior to the card expiring, then petition yourself - with the appropriate waivers/info required.

You do not have to wait the 2yr period, as soon as the divorce is final, you can submit.

You do not need the other persons signature/testimony to do this.

A lawyer in this would be beneficial.

[dynex12 0]

I am the USC and i petitioned for my husband, its been 6 months but we have irreconcilable differences and his green card is expiring in 2012, I just want to know if it is entirely up to me to decide for him to stay or not, or how will it be possible for him to renew it on his own.

[Deputy Purple 1,294]

Actually the decision is not yours at all.

During your short marriage did you co-mingle funds? Anything showing cohabitation and pooled finances would support "marriage entered in good faith".

You are aware that the Affidavit of Support you signed will still me in effect, right?

[dynex12 0]

He walked out on me, went to live with his relatives in another state 4 hours away, is saying he can not take it anymore from me, is not answering my calls or text and the only thing shared is a lease thats it. im trying to change it over only to my name now, we have only moved in there for less than a month.

[Deputy Purple 1,294]

Get him off your lease, change the locks, file for divorce and move on with your life.

His Greencard status is his problem now. Be sure to report the divorce & his last known address to USCIS so they can take appropriate action.

[Bobby+Umit 161]

He walked out on me, went to live with his relatives in another state 4 hours away, is saying he can not take it anymore from me, is not answering my calls or text and the only thing shared is a lease thats it. im trying to change it over only to my name now, we have only moved in there for less than a month.

Sounds like you were used for a GC - you could send your side of the story to USCIS, and they will make note of it. (basing on your posts only). You should write down the entire timeline, highlighting any concerns.

Bob gave good advice - divorce, move on - the GC, after getting it initially, is basically on autopilot till he tries to remove conditions (which he should do as soon as the divorce is final).

The person will need to prove the marriage was in good faith, and it will be difficult if he doesn't have any proof, but not impossible.

Unfortunately, as Bob pointed out, the 864 will still be in force, and can be used against you, unless he is rejected, or meets one of the other removal criteria.

[Brother Hesekiel 2,236]

Don't you worry about the I-864. The guy who tricked you into marrying him for a Green Card is not eligible for "means tested benefits" for almost 5 more years. You have been used and it's time to do the right thing: getting him out of your life.