Husband didn't inform USCIS about the divorce.

[VanessaTony 3,567]

Thank you for the advice, guys.

About the legal status: in the affidavit form that my husband signed when he filed the petition for the first green card there's a note that divorce doesn't stop the action of this affidavit. If I was out of legal status immediately after the divorce why to mention that affidavit is still valid after the divorce till the time when the green card expires then?!

Besides where is the note that says that after the divorce you must to give the greencard back and it's not valid anymore? As I know I CAN give it back , but I didn't know I MUST give it back. Is there any document that says that? I am not trying to persuade you that I am right, but if you say that I am out of legal status I'd like to know the number of the law record to read it by myself. So far all I have read is that I can apply for another greencard with a waiver or go home after my green card expires but I haven't read any notes saying that I MUST apply immediately after the divorce and I am immediately out of status after the divorce.

The reason the I-864 is still valid is because you are still able to ROC with a divorce waiver.

You don't HAVE to give back to GC. You DO have to ROC with a waiver OR give it back.

Here's a link from a lawyers site: http://www.hooyou.com/divorce/aftercgc.html

When permanent residence is granted conditionally to an alien spouse, that conditional permanent residence may be terminated within two years from the date permanent residence was granted if the marriage has been terminated through divorce. This rule also applies to the child of the alien spouse who obtains his conditional permanent residence based on the marital relationship of his parent. In other words, the general rule is that divorce terminates conditional permanent residence.

As for the Rules... INA Sec 216(b)(1)(A)(ii) states :

(b)Termination of Status if Finding that Qualifying Marriage Improper.- (1)In general.-In the case of an alien with permanent resident status on a conditional basis under subsection (a), if the Attorney General determines, before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence, that- (A) the qualifying marriage- (ii) has been judicially annulled or terminated, other than through the death of a spouse

If you read that it says your status can be terminated on divorce. Basically as I said before. If you run into ICE and told them you were divorce you would go before an immigration judge who would terminate your status. Your card isn't IMMEDIATELY cancelled because USCIS doesn't know. That's why you NEED to file ROC immediately before they find out and you'll be fine.

Edited December 8, 2011 by Vanessa&Tony

[DrVS 10]

So, what if I file I-751 tomorrow having a green card (it's valid through summer, 2012)and they already know about the divorce? what happens then?

Is there any time frame within I have to file I-751 myself after the divorce is final?

Validity printed on a piece of plastic is completely irrelevant. There is no time frame. USCIS can start removal proceedings at any time after a divorce is finalized. If I-751 filed, they do not have to do that.

[DrVS 10]

Thank you for the advice, guys.

About the legal status: in the affidavit form that my husband signed when he filed the petition for the first green card there's a note that divorce doesn't stop the action of this affidavit. If I was out of legal status immediately after the divorce why to mention that affidavit is still valid after the divorce till the time when the green card expires then?!

Besides where is the note that says that after the divorce you must to give the greencard back and it's not valid anymore? As I know I CAN give it back , but I didn't know I MUST give it back. Is there any document that says that? I am not trying to persuade you that I am right, but if you say that I am out of legal status I'd like to know the number of the law record to read it by myself. So far all I have read is that I can apply for another greencard with a waiver or go home after my green card expires but I haven't read any notes saying that I MUST apply immediately after the divorce and I am immediately out of status after the divorce.

Affidavit of support has nothing to do with your legal status. Your husband has to support regardless of it, even if you are out of status or illegally present, or whatever, as long as you are in the US.

For the second paragraph: if you are referring to a plastic card as your green card, you do not have to give it back. If we are talking about a status of you as a permanent resident, it is legally terminated by INA 216(b)(1)(A)(ii). I already quoted it earlier.

[Goroshek 0]

For the second paragraph: if you are referring to a plastic card as your green card, you do not have to give it back. If we are talking about a status of you as a permanent resident, it is legally terminated by INA 216(b)(1)(A)(ii). I already quoted it earlier.

Ok, but after the divorce I left the US and entered it twice and both times I didn't have problems showing my card to the migration officer. He scanned the card and took my fingerprints and it was OK. Does it mean the card is terminated after the court decision only?

[mr and mrs 187]

its not about the card. its about your status. the condition that gave you status has evaporated.

you know this. we know this. but uscis does not.

you know that you are no longer lawfully residing in the us. we know that. but uscis does not.

if they do know and you havent filed for roc, thats problematic.

either file roc or surrender your gc and leave the us.

simple really. there is no place for subterfuge of any kind.

[resilient 2]

Two links for the law:

1) USCIS page for Conditional Permanent Residence states the applicable law for conditional residents:

Where To Find The Law

The Immigration and Nationality Act (INA) governs immigration in the United States. For the part of the law concerning conditional resident status based on marriage, please see Section 216 of the INA. The specific eligibility requirements and procedures for removing conditions on permanent resident status are included in the Code of Federal Regulations [CFR] at 8 CFR Section 216.

- link for this:

http://www.uscis.gov...000082ca60aRCRD

2) Page for the law itself, Section 216 of the INA:

http://www.uscis.gov....html#0-0-0-212

--

I haven't dissecated this Section above though, what I said was actually based on reading the boards here and many articles online as the one below... I hope someone can give you a direct link to a USCIS law or memorandum:

"When permanent residence is granted conditionally to an alien spouse, that conditional permanent residence may be terminated within two years from the date permanent residence was granted if the marriage has been terminated through divorce. This rule also applies to the child of the alien spouse who obtains his conditional permanent residence based on the marital relationship of his parent. In other words, the general rule is that divorce terminates the conditional permanent residence. Nevertheless, in this scenario, it is possible for the alien to obtain a waiver of the termination. A waiver of the termination is granted to the alien if the alien can show that the marriage was a union in good faith and if the alien was not at fault for his failure to file the joint petition to remove the condition. (...) " http://www.divorcene...n_and_divorce#b

Thank you for the advice, guys.

About the legal status: in the affidavit form that my husband signed when he filed the petition for the first green card there's a note that divorce doesn't stop the action of this affidavit. If I was out of legal status immediately after the divorce why to mention that affidavit is still valid after the divorce till the time when the green card expires then?!

Besides where is the note that says that after the divorce you must to give the greencard back and it's not valid anymore? As I know I CAN give it back , but I didn't know I MUST give it back. Is there any document that says that? I am not trying to persuade you that I am right, but if you say that I am out of legal status I'd like to know the number of the law record to read it by myself. So far all I have read is that I can apply for another greencard with a waiver or go home after my green card expires but I haven't read any notes saying that I MUST apply immediately after the divorce and I am immediately out of status after the divorce.

Edited December 9, 2011 by resilient

[resilient 2]

oh sorry, only saw the posts on page 2 after replying to the question you asked me on page 1... seems others have already said the same things I state above.

Two links for the law:

[EAbbas 213]

The individuals giving you advice especially brother H and vanessa&tony are correct. Just because you would rather do things different or read it differently or even if your trying to find a loophole to justify being out of status doesn't make it right.

When you obtained your conditional 2 yr card it was under the marriage to your husband. During your separation, that was still valid as you were still legally married. The day the divorce was granted... your 2 yr MARRIED TO HUSBAND visa became null and void.

Now you need to do what they are suggesting and file ROC if your wanting to stay here. Otherwise you risk losing your privilege to stay here.

[ceadsearc 516]

You re-entered without problem because USCIS doesn't know you're divorced. Since you are divorced and have not filed ROC you are eligible to be put in removal proceedings and will be if USCIS finds out. You can play roulette or you can file ROC. The thing is, you're going to have to do it eventually anyway. Even if you wait till the GC expires, you will still need to file with a divorce waiver - even if you and your spouse reconcile - so waiting isn't beneficial.

[Darnell 8,478]

I know of one case where the USCitizen filed for divorced and told USCIS and ICE about it.

When the LPR returned to USA via POE, he was held in secondary, moved to detention, saw an immigration judge, was given 30 days to leave the country.

It was cut and dry. IMO, if USCIS and ICE know about the divorce, it's a different experience coming through a POE.

[StellaB 0]

I know of one case where the USCitizen filed for divorced and told USCIS and ICE about it.

When the LPR returned to USA via POE, he was held in secondary, moved to detention, saw an immigration judge, was given 30 days to leave the country.

It was cut and dry. IMO, if USCIS and ICE know about the divorce, it's a different experience coming through a POE.

Is that only if the divorce is final? Or can it be the same for a pending divorce?

[aaron2020 11,651]

Is that only if the divorce is final? Or can it be the same for a pending divorce?

Final divorce decree = not married.

Pending divorce = married. Couple can reconcile and not go through with the divorce. So still married.

The spouse only losses the conditional green card upon a FINALIZED DIVORCE DECREE OR AGREEMENT (or when the card expires). A pending divorce does not affect the validity of the conditional green card.

Edited April 24, 2012 by aaron2020

[Leslie B. 1]

Need help please! (Please reply only if you have some solid knowledge about this)

 

 

My situation:

 

                I received my 10 year green card before my I-751 case was transformed from joint filling into divorce waiver. I don't know why my attorney was waiting until the last minute to inform USCIS, but I have a feeling that there was some strategy that they do not want to reveal to me because they knew that my adjudication time was coming, and they haven't informed USCIS for 6 months. Now my attorney is saying that we have to ask USCIS to reopen the case, revoke my GC and go through divorce waiver process. Otherwise, I might have problems when applying for citizenship.

 

Has anyone heard about a case like mine? I have never heard of GC being revoked, and even my attorney is saying that he has not had a case like this before. I do not trust my attorney any more because it doesn't sound right to me, so I am asking you all for help. (Again, I am not interested in opinions. Only facts, knowledge, or previous experience please)

 

Thank you very much 

[AftM89 158]

33 minutes ago, Leslie B. said:

Need help please! (Please reply only if you have some solid knowledge about this)

 

 

My situation:

 

                I received my 10 year green card before my I-751 case was transformed from joint filling into divorce waiver. I don't know why my attorney was waiting until the last minute to inform USCIS, but I have a feeling that there was some strategy that they do not want to reveal to me because they knew that my adjudication time was coming, and they haven't informed USCIS for 6 months. Now my attorney is saying that we have to ask USCIS to reopen the case, revoke my GC and go through divorce waiver process. Otherwise, I might have problems when applying for citizenship.

 

Has anyone heard about a case like mine? I have never heard of GC being revoked, and even my attorney is saying that he has not had a case like this before. I do not trust my attorney any more because it doesn't sound right to me, so I am asking you all for help. (Again, I am not interested in opinions. Only facts, knowledge, or previous experience please)

 

Thank you very much 

You already have your green card there is nothing more you need to do...

[WeGuyGal 1,052]

3 hours ago, Leslie B. said:

Need help please! (Please reply only if you have some solid knowledge about this)

 

 

My situation:

 

                I received my 10 year green card before my I-751 case was transformed from joint filling into divorce waiver. I don't know why my attorney was waiting until the last minute to inform USCIS, but I have a feeling that there was some strategy that they do not want to reveal to me because they knew that my adjudication time was coming, and they haven't informed USCIS for 6 months. Now my attorney is saying that we have to ask USCIS to reopen the case, revoke my GC and go through divorce waiver process. Otherwise, I might have problems when applying for citizenship.

 

Has anyone heard about a case like mine? I have never heard of GC being revoked, and even my attorney is saying that he has not had a case like this before. I do not trust my attorney any more because it doesn't sound right to me, so I am asking you all for help. (Again, I am not interested in opinions. Only facts, knowledge, or previous experience please)

 

Thank you very much 

Why are you spamming?  This is your fourth post.