Is E2 Visa still valid after receiving conditional green card?

[GuyInSC 0]

Hello everyone,

I hope someone can give me an advice. In january 2007 I came on a E2 Visa to South Carolina. I started a new life and like to live here. In June 2009 I got married and received my conditional green card in march 2010. But now the marriage life starts to bother me and I am not really happy with it. If this marriage fails, could I still stay here on my E2 Visa again until january 2012? I just need to know how much time remains to sell my stuff and to plan a start over in germany which I would hate to do. Do I have other options to stay here?

Thanks in advance

[Brother Hesekiel 2,236]

A visa is for visiting. It's a document for non-immigrants, and the visa holder, whether tourist or student or treaty trader, will return once his time is up.

You are a lawful permanent resident now, not a visitor anymore. Thus, your visa is invalid indeed.

If you marriage falls apart, you are still a LPR until USCIS says otherwise. Usually the couple files a joint petition for Removal of Conditions (ROC) via form I-751 within the 90-day time frame before the Green Card expires. If you are divorced, you can file alone with a waiver where you have to show that you entered the marriage in good faith and not in order to gain immigration benefits. If your marriage is "real" then you should be able to document that. Once approved, you will get a 10-year Green Card which you can renew indefinitely every 10 years without any further documentation. If you like to become a US citizen, you can become that at the 5th anniversary of your (first( Green Card.

[GuyInSC 0]

Thanks for your reply. I know it has been a while.

I am still wondering how long I could stay here in the states after I file for divorce. Will it be for the separation year or will it end on the day I file?

If I leave the states and re-enter on my E2 Visa which is still valid in my passport could I stay until that expires and could even my employer renew it for another 5 years?

How are the chances that a waiver gets approved?

I am just to tired of my lazy and messy wife and her 2 teenagers. Its like having a second job at home to get the housework done since noone else cares and rather watches tv and play videogames. Sometimes I think she was just looking for a supporter who takes care of everything she doesn't like to do which is basiclly everything besides the 2 things above.

I just want my single life back and be able to relax and even able to save money again.

[Boiler 45,753]

A visa is for visiting. It's a document for non-immigrants, and the visa holder, whether tourist or student or treaty trader, will return once his time is up.

You are a lawful permanent resident now, not a visitor anymore. Thus, your visa is invalid indeed.

If you marriage falls apart, you are still a LPR until USCIS says otherwise. Usually the couple files a joint petition for Removal of Conditions (ROC) via form I-751 within the 90-day time frame before the Green Card expires. If you are divorced, you can file alone with a waiver where you have to show that you entered the marriage in good faith and not in order to gain immigration benefits. If your marriage is "real" then you should be able to document that. Once approved, you will get a 10-year Green Card which you can renew indefinitely every 10 years without any further documentation. If you like to become a US citizen, you can become that at the 5th anniversary of your (first( Green Card.