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philipo

divorce while waiting for conditional gc

By philipo in Effects of Major Family Changes on Immigration Benefits

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NigeriaorBust Grand Master

NigeriaorBust   4,087

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Filed: Citizen (apr) Country: Nigeria
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If you've been involved in this journey you'll understand that so much is involved in moving out of your home country to move here... You may have given up your well paid job and what have you to start your new life here... Also you may not comprehend the emotional and financial involvement while loving and with the intent for an everlasting relationship... You may put yourself in the shoes of the OP and see how it feels...

The OP is trying to get a green card based on a valid marriage to a USC , however it seems like the valid marriage part is lacking so they do NOT qualify for the visa they are seeking.

This will not be over quickly. You will not enjoy this.

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Ortolan Rising Star

Ortolan   381

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Filed: Citizen (apr) Country: Netherlands
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I comprehend the stress and trauma fully; we've all been through it, and the emotional and financial aspect as well. I'm just saying it's going to be difficult for OP to prove intent, period. It's what the reviewing officers think that will matter.

"Wherever you go, you take yourself with you." --Neil Gaiman

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

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No.

The condition for the conditional residency, being happily married to the petitioning US citizen spouse, no longer exists, and you are not even a conditional Green Card holder yet. It's theoretically possible that your spouse didn't notify the USCIS and -- assuming you already had your interview -- that they'll mail you the first Green Card, but once the divorce is final you'd have to file for Removal of Conditions, and there's no way for you to pull that off.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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