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ganymede317

CR1 divorce before 2 year green card expires

By ganymede317 in Effects of Major Family Changes on Immigration Benefits

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ganymede317 Newbie

ganymede317   0

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Hi all,

I recently got divorced from my wife she's a US citizen. We were married for just under 2 years (our 2 year anniversary would've been Sept 2nd). I am currently back in Ireland.

I have a few questions if anyone has gone through the this it would be a big help to me. My green card I have now expires on Nov 4th 2017, am I able to stay in the US? Can I apply for removal of conditions?

Any information would be great.

Thank you

Alan

TBoneTX Grand Master

TBoneTX   46,067

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thread is moved from the CR-1 Process forum to the Effects of Major Changes forum, to be among similar threads.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted

Yes, you can stay in the US. You need to apply for Removal of Conditions on the basis of divorce. You should start gathering evidence of bona fide marriage as soon as possible. You can file the ROC at any time after the divorce is final; you do not have to wait until the 90 days before your 2-year card expires.

Also, I don't know how long you plan to be in Ireland, but as a permanent resident, you should not leave the US for too long or you will lose your permanent residency.

ganymede317 Newbie

ganymede317   0

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
  • Author
Posted

Yes, you can stay in the US. You need to apply for Removal of Conditions on the basis of divorce. You should start gathering evidence of bona fide marriage as soon as possible. You can file the ROC at any time after the divorce is final; you do not have to wait until the 90 days before your 2-year card expires.

Also, I don't know how long you plan to be in Ireland, but as a permanent resident, you should not leave the US for too long or you will lose your permanent residency.

Thank you for the reply. What evidence would count as a bona fide marriage? Can my ex stop this process for me?

I have been in Ireland since June, looking to go back asap.

Thanks

Alan

dwheels76 Grand Master

dwheels76   5,469

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

Thank you for the reply. What evidence would count as a bona fide marriage? Can my ex stop this process for me?

I have been in Ireland since June, looking to go back asap.

Thanks

Alan

No she can not stop the process for you. You have a 90 days window to file once divorce is final. Evidence is all the things you would gather to show you were building a life together. Go to the guides there's a list of things for evidence. You just need to show you entered the marriage in good faith and show your evidence.

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ganymede317 Newbie

ganymede317   0

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
  • Author
Posted

No she can not stop the process for you. You have a 90 days window to file once divorce is final. Evidence is all the things you would gather to show you were building a life together. Go to the guides there's a list of things for evidence. You just need to show you entered the marriage in good faith and show your evidence.

Ok, thanks for the reply. I have one more question should I be ok getting back into the US I'm in my home country at the moment. But going back to the US in 2 weeks. My green card is still valid till Nov 2017. I'm just a little worried about that part.

Merrytooth Mentor

Merrytooth   5,748

Posted
Filed: Lift. Cond. (apr) Country: Singapore
 Timeline
Posted

Ok, thanks for the reply. I have one more question should I be ok getting back into the US I'm in my home country at the moment. But going back to the US in 2 weeks. My green card is still valid till Nov 2017. I'm just a little worried about that part.

You will be fine coming back to US, your green card is still valid.

Done with K1, AOS and ROC

 
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