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Jot18

Keeping Green Card after Divorce

By Jot18 in Removing Conditions on Residency General Discussion

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Jot18 Enthusiast

Jot18   47

Posted
Filed: Citizen (apr) Country: India
 Timeline
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Hello VJers. I have a friend who got married about two years ago and came to the US in April/May 2015. Her husband is a US citizen and she has a conditional GC which I think expires in April/May 2017. It was a legitimate love marriage but things haven't been going well for the past couple of months and her spouse wants to file divorce. They do have a one child together which is 6 months old and a US Citizen. Are there any possibilities of getting permanent 10 year green card if they end up getting divorce before the expiration of the conditional? And also if they end up getting divorce, who will get to keep the child? Since the child is very young does the mother get to keep or if they get divorce and mother is deported the child goes back to mother's home country with her?

I-90 Green Card Timeline

05/29/2014: Applied for I-90, Due to an Name Error.

06/12/2014: Biometrics Appointment

02/13/2015: Green Card Was Ordered To Be Produced

02/20/2015: Green Card Has Been Mailed.(Received Tracking Number)

02/23/2015: Green Card Received With Correct Name

N-400 Citizenship Timeline

07/05/2012 = Eligible to apply for Naturalization based on the 5-year rule (90-days rule applied)

01/11/2015 = Sent N-400 Packet (to Phoenix Lockbox Facility via USPS Certified Mail)

01/15/2015 = N-400 Packet Delivered

01/27/2015 = I-912 Approved

02/02/2015 = NOA1 Received (Priority Date 01/15/2015)

02/07/2015 = Biometrics Letter Received (Bio Set for 02/20/2015)

02/25/2015 = In Line for Interview

04/03/2015 = Interview Completed

--- = Oath Letter Received

04/15/2015 = Oath Ceremony!

 

I-130 Timeline

02/08/2020 - Married

06/02/2020 - Filed I-130 Online

06/02/2020 - NOA1 Received

07/01/2020 - Back to U.S from India 

01/11/2021 - NOA2 Received & Petition Approved

 

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caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
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Posted

yes, file for divorce and fill out ROC conditions show they entered relationship in good faith. it is very easy. just show proof of joint assets ect and having a kid yes defintely helps to show that it wasnt a fraud marriage.

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Jot18 Enthusiast

Jot18   47

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

yes, file for divorce and fill out ROC conditions show they entered relationship in good faith. it is very easy. just show proof of joint assets ect and having a kid yes defintely helps to show that it wasnt a fraud marriage.

I think the only thing joint they have is bank account no property...and also joint tax returns..and i never filed ROC conditions but is there any column where the spouse need to sign also?and at interview she can go alone and be asked much about her husband?

I-90 Green Card Timeline

05/29/2014: Applied for I-90, Due to an Name Error.

06/12/2014: Biometrics Appointment

02/13/2015: Green Card Was Ordered To Be Produced

02/20/2015: Green Card Has Been Mailed.(Received Tracking Number)

02/23/2015: Green Card Received With Correct Name

N-400 Citizenship Timeline

07/05/2012 = Eligible to apply for Naturalization based on the 5-year rule (90-days rule applied)

01/11/2015 = Sent N-400 Packet (to Phoenix Lockbox Facility via USPS Certified Mail)

01/15/2015 = N-400 Packet Delivered

01/27/2015 = I-912 Approved

02/02/2015 = NOA1 Received (Priority Date 01/15/2015)

02/07/2015 = Biometrics Letter Received (Bio Set for 02/20/2015)

02/25/2015 = In Line for Interview

04/03/2015 = Interview Completed

--- = Oath Letter Received

04/15/2015 = Oath Ceremony!

 

I-130 Timeline

02/08/2020 - Married

06/02/2020 - Filed I-130 Online

06/02/2020 - NOA1 Received

07/01/2020 - Back to U.S from India 

01/11/2021 - NOA2 Received & Petition Approved

 

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Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

Please follow the advice referenced in this post:

http://www.visajourney.com/forums/topic/610230-confusedearly/

Also, in the search box at the top right of every VJ page, you can enter "ROC divorce" to find posts similar to yours. Good luck!

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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