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Filed: K-1 Visa Country: Philippines
Timeline
Posted

I had a question regarding the work permit my ex wife received when we had applied for her/our CR1 Visa.

We applied for the i130 in June of 2011. She got her green card in Dec of 2011, which was a 2 year temporary. We were legally divorced by September of 2012. I know she got a work permit because she wanted it so she could become a legal employee of the company she worked for. She still works there now. How does it work regarding work permits? Since we're divorced, and she's now in the country illegally (she did nothing to try to keep her Visa), does she still have the right to work in the USA? Is it possible she could have gotten legal authorization to continue to work here?

Filed: Country: Monaco
Timeline
Posted (edited)

Her greencard - however conditional - was all the authorization she needed to work legally in the US. Are you sure that she did not go through ROC to get her permanent greencard? It would follow that she went through ROC and got her permanent GC by now...

Edited by Gegel

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Filed: Country: Moldova
Timeline
Posted

Divorce does not make her green card invalid. It remains valid until it expires. Her conditional green card would have expired in Dec 2013, but she could have applied for Removal Of Conditions without you. She just had to prove that the marriage was entered into without intention of fraud.

Posted

She probably removed conditions on her conditional green card, and so now has (or is in process of receiving) her 10 year green card.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted
Moved from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Posted

She is now illegal immigrant in US. She can't remove the condition of her green card because it's you and your wife or x wife SHOULD file together to remove the condition of the green card with same requirements when she applied for her Conditional Permanent Residency. Since you are divorce to her, she can't do it by herself unless otherwise she get the waiver, but she needs to prove that she is a battered wife or if her husband died.

Posted

She is now illegal immigrant in US. She can't remove the condition of her green card because it's you and your wife or x wife SHOULD file together to remove the condition of the green card with same requirements when she applied for her Conditional Permanent Residency. Since you are divorce to her, she can't do it by herself unless otherwise she get the waiver, but she needs to prove that she is a battered wife or if her husband died.

Umm, you're wrong. She can file a waiver based on divorce if the marriage was in good faith and she has proof. People do it all the time and get their 10 yr cards. All she needs is a copy of divorce decree (final).

ROC 2009
Naturalization 2010

Filed: K-1 Visa Country: Philippines
Timeline
Posted

I scheduled an infopass in Jan 2014 and went to USCIS and gave them her MSC number. I didn't even know what her MSC # was except I got a letter from USCIS addressed to me shortly after she moved out of my house in Dec 2011. According to USCIS, they haven't heard from her nor has she filed anything with them. No change of address, no nothing. She wouldn't even tell me where she was moving to.

In a nutshell. We got married June 1st 2011. We had typical couples issues and stuff...but nothing terrible. I kid you not, Dec 23rd, 2011 (Christmas Eve) the mail arrives. We're sitting in the living room. She gets up & gets the mail from the front door mail slot. Opens a letter for her. Then she turns around and says, "I don't love you anymore...I'm moving out". I was like.....DUHHHHHH WHAT!!?? shocked.gif

We had dated a few months when she told me she had overstayed her student Visa by 10 years. Knowing nothing about immigration and whatnot, I didn't think it was a big deal. Especially since she handled everything regarding her immigration paperwork.

After a while, I started putting two and two together regarding some of the things she had said, what her sister had told me, and how the people who did her immigration stuff was her ex employer. Anyway......

I was just curious if she would still have the legal right to work in the U.S. considering she basically let everything go and didn't try to remove conditions, or appeal to USCIS using the battered wife excuse, etc. And I would suppose that her current employer (same one she had when we met) is basically employing her illegally at this point.

Any clarification is appreciated =))

Posted

I scheduled an infopass in Jan 2014 and went to USCIS and gave them her MSC number. I didn't even know what her MSC # was except I got a letter from USCIS addressed to me shortly after she moved out of my house in Dec 2011. According to USCIS, they haven't heard from her nor has she filed anything with them. No change of address, no nothing. She wouldn't even tell me where she was moving to.

In a nutshell. We got married June 1st 2011. We had typical couples issues and stuff...but nothing terrible. I kid you not, Dec 23rd, 2011 (Christmas Eve) the mail arrives. We're sitting in the living room. She gets up & gets the mail from the front door mail slot. Opens a letter for her. Then she turns around and says, "I don't love you anymore...I'm moving out". I was like.....DUHHHHHH WHAT!!?? shocked.gif

We had dated a few months when she told me she had overstayed her student Visa by 10 years. Knowing nothing about immigration and whatnot, I didn't think it was a big deal. Especially since she handled everything regarding her immigration paperwork.

After a while, I started putting two and two together regarding some of the things she had said, what her sister had told me, and how the people who did her immigration stuff was her ex employer. Anyway......

I was just curious if she would still have the legal right to work in the U.S. considering she basically let everything go and didn't try to remove conditions, or appeal to USCIS using the battered wife excuse, etc. And I would suppose that her current employer (same one she had when we met) is basically employing her illegally at this point.

Any clarification is appreciated =))

Posted

Sorry to know what happened to your marriage. That's the reason why Immigration is very strict to approve green card through marriage. Other couple are using marriage to gain residency in USA. If the USCIS has no record of her it means she is working illegally. Maybe her employer does not know her Immigration standing now if she is working with them.

Filed: Citizen (apr) Country: Poland
Timeline
Posted

I was just curious if she would still have the legal right to work in the U.S. considering she basically let everything go and didn't try to remove conditions, or appeal to USCIS using the battered wife excuse, etc. And I would suppose that her current employer (same one she had when we met) is basically employing her illegally at this point.

Any clarification is appreciated =))

If you are sure she did not remove condition on her own, the she is most likely employed illegally. Sometimes employers do not bother to check status after condition GC expires (mine for example did).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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