CONDITIONAL RESIDENCE-DIVORCE

[Sam90 0]

Is there a way that makes me able to keep my residence status in the U.S. since me and my wife decided to divorce? BTW, I'm conditional resident since Dec 28th 20l2. So I've been here for 3 months. She wants me to stay in the country and ready to help me with the papers I don't know if that helps...

[NikLR 13,227]

Yes if you divorce you can keep your residence. You'll have to remove conditions immediately and prove that you entered your marriage in good faith.

[oohpartiv 484]

Also, note that if you stay in the marriage only to reap the immigration benefits, and the immigration officer somehow finds out, they could deport you. You can do ROC yourself, so it would be better to get divorced and look into doing it without the help of your (ex) wife.

[Sam90 0]

When should I remove the conditions after the divorce or in 2 years

[NikLR 13,227]

you have to do it immediately after you divorce.

[Boggy1974 124]

I think you can file for RoC 90days prior to the two yr anniversary of the conditional GC. (Stand to be corrected).

[NikLR 13,227]

You can file anytime after you divorce. You do not have to wait until the 90 days before 2 years.

[NikLR 13,227]

BTW the total filing fee for RoC is $590.

[Penguin_ie 5,994]

**** Moving from CR-1 spousal visa to Effects of Major Changes *****

[newacct 688]

I think you can file for RoC 90days prior to the two yr anniversary of the conditional GC. (Stand to be corrected).

The two years thing is only for if you are Removing Conditions jointly.

[Boggy1974 124]

So OP, you have your answers in post #s 7 & 8 above.

[Sam90 0]

So once I remove them, I'll be a permanent resident I mean I'll have a green card which is valid for l0 years, right?

Then I'll be able to stay out of the country and come back here as I want...

[Caryh 5,206]

So once I remove them, I'll be a permanent resident I mean I'll have a green card which is valid for l0 years, right?

Then I'll be able to stay out of the country and come back here as I want...

A green card holder always has certain conditions about travel. You need to maintain a residence in the USA, and you have a limit to how long you can be gone. Some people attempt to use it as visitor's visa, really living out of the USA and only visiting it. They eventually get caught up with and the card yanked. They live with the idea as long as they return once each year, everything is fine. You need to be a resident of the USA, to maintain a permanent resident card. So you can vacation elsewhere at will, but you're not supposed to live elsewhere.

[oohpartiv 484]

So once I remove them, I'll be a permanent resident I mean I'll have a green card which is valid for l0 years, right?

Then I'll be able to stay out of the country and come back here as I want...

I'm not sure that's accurate. Being a LPR, if you stay out of the country for more than a year, your residency can still expire. You need to spend more time in the States than outside of it in order for it to remain valid.

Someone to confirm this?

Edited March 29, 2013 by oohpartiv

[Caryh 5,206]

I'm not sure that's accurate. Being a LPR, if you stay out of the country for more than a year, your residency can still expire. You need to spend more time in the States than outside of it in order for it to remain valid.

Someone to confirm this?

Its not as clear cut as that, but its basically true. Spending more time out of the country than in it, will likely get a green card yanked. If you stay out longer than a year without a re-entry permit, its gone. Even staying out for more than six months can bring up questions and a closer look. Do any of those too much and they could yank your card and send you away. Citizenship is the only thing that allows a person to stay in the USA as little as they want, without regard to their status.