Conditional Permanent Resident

[Cyberfx1024 7,980]

Hello po. Yes, as they said before you will have to wait 5 years after divorce before you can file for someone. But before then you would successfully file for ROC with a divorce waiver. But when you file for your asawa expect to be heavily scrutinized because you divorced so soon, and they will think you did all this for immigration intent. Because with everything you have presented thus far it does look like that is why you got married. 

[Becci391 340]

3 minutes ago, cyberfx1024 said:

Hello po. Yes, as they said before you will have to wait 5 years after divorce before you can file for someone. But before then you would successfully file for ROC with a divorce waiver. But when you file for your asawa expect to be heavily scrutinized because you divorced so soon, and they will think you did all this for immigration intent. Because with everything you have presented thus far it does look like that is why you got married. 

I couldn't agree more.

 

[yatsek 32]

You didn't fill in your timeline but since you are a conditional resident I can assume that you came here and married you husband  in the last 2 years. I just wonder when  and where you met and fell in love with your girlfriend who resides in Hong Kong. It looks like a lot is happening in your life at the same time.

[Jha 0]

8 hours ago, geowrian said:

No. You can divorce him now just fine. You will still need to complete ROC and prove you entered into the marriage in good faith, though. Failure to do so will result in loosing your LPR status. ROC can be completed via a waiver if you are no longer together.

 

That's fine. Start sooner rather than later...you can't marry until you are fully divorced. In some states, that takes a minimum of a year, and then it can drag out longer via lawyers.

 

You cannot bring her here any other way. She can apply for a tourist visa to visit you during the 5 year period prior to when you can file for her (which she needs to do alone...you cannot sponsor it).

 

Exactly why the 5 year wait provision + ROC exists.

What is ROC means? Sorry dont know what is that. Yes I came here in good faith and marry him but it just that did not work and a lot was changing on his attitude. I tried to save our relationship and this marriage but it seems like nothing will change. If I divorce him immedietly am I still capable or qualified to be able to apply alone by myself to be a US Citizen 3years from now as what I heard too I can apply for a citizenship 3years from now?

[trudi 1,317]

Try and look at what you have written from the viewpoint of others.

You met and fell in love with a USC MAN, he filed the paperwork for a K1 visa, brought you to the US, married you and filed AOS all in a timely fashion.

 

Within the short time you have been in the US ( and it would appear only since you got your green card) your sexuality has changed and you have met and fallen in love with a same sex partner residing in Honk King and want to know if you can now bring them to be with you.

 

You have to admit that based on what you have written it appears you married purely for the green card.

 

I am hoping this is a troll post, if it's not then based on what has been posted by the OP my sympathies lie with her husband.

[Cryssiekins 976]

@Jha: if you're truly unhappy with your husband and truly in love with your girlfriend, then end your marriage.  

 

5 years apart from your girlfriend will be tough.  You're better off going back to your home country and living out your relationship with her there, or joining her in Hong Kong.  I'm assuming neither you or your girlfriend have family in the US, so why the need to stay here and bring her here? 

 

I wish this was a troll post, but I really don't believe it is.  The timing is incredibly suspect.  USCIS will obviously see that as well. 

 

I just know if things didn't work out with my USC husband, I'd head back to my family and friends.  

 

Why stay somewhere that makes you unhappy where you have no support system?  Unless of course, this was your end game plan from day one. 

[zilchfox 296]

This whole situation just reeks of fraudulent activity to me, and I'm sure USCIS would feel exactly the same.

 

@Jha you cannot sponsor someone within 5 years of becoming a permanent resident, unless you have convincing evidence as to why you should. Additionally, you will need to file for ROC (Removal of Conditions) before your conditional green card expires, and at that you'll need to provide substantial evidence that you entered your CURRENT marriage in good faith — divorced or not.

[EmilyW 1,528]

1 hour ago, Jha said:

What is ROC means? Sorry dont know what is that. Yes I came here in good faith and marry him but it just that did not work and a lot was changing on his attitude. I tried to save our relationship and this marriage but it seems like nothing will change. If I divorce him immedietly am I still capable or qualified to be able to apply alone by myself to be a US Citizen 3years from now as what I heard too I can apply for a citizenship 3years from now?

No you cannot.  The 3 year path to citizenship is only available to you if you remain married to your husband.  Since you do not wish to remain married to him, and you wish to marry someone else and you intend to divorce him, you will have to wait five years like all other LPRs.

 

ROC is removal of conditions.  You currently have a conditional green card and you are a conditional resident.  Your Green Card will have an expiry date and it will be up to you to remove those conditions before that expiry date.  

 

OP, this looks very suspect and it will look suspect to USCIS. It appears - on face value - that you used this man to get a Green Card.  Expect lots of scrutiny.

Edited May 8, 2017 by EmilyW

[geowrian 22,338]

3 hours ago, Jha said:

What is ROC means? Sorry dont know what is that. Yes I came here in good faith and marry him but it just that did not work and a lot was changing on his attitude. I tried to save our relationship and this marriage but it seems like nothing will change. If I divorce him immedietly am I still capable or qualified to be able to apply alone by myself to be a US Citizen 3years from now as what I heard too I can apply for a citizenship 3years from now?

Removal of Conditions. You need to remove your conditional status by proving a bona fide marriage, or that the marriage was entered into in good faith. It's not as easy, IMHO, as the K-1 or AOS relationship process. I'll be blunt that your timing, having somebody on the side while still married, etc. is all going to appear very suspect to them.

 

Sorry to be blunt, but why does it matter if it affects your citizenship or not? If you don't want to be married then you should divorce. Being married to gain an immigration benefit (ROC, citizenship, etc.) is fraud. Take care of the marriage issue first, then worry about immigration.

Edited May 8, 2017 by geowrian

[Andocjourney 2]

12 hours ago, Jha said:

Hi everyone! I hope somebody could help me here or give me an idea what to do or what would be the best way! I hope there will be somebody here who have the same situation or you know somebody same of my situation. Please just respect my post and questions here. I am a Filipina and I am now a greencard holder but only so called conditional permanent resident which is valid for two years. Am I qualified to petition someone as a conditional permanent resident? I have a girlfriend now and she is a filipina too and currently working in Hongkong. We love each other so much and we are planning to get marry next year hopefully but the question is how and where can we do that and what are the list of requirements please? Also how can I bring my girlfriend or wife to be soon here in America? What kind of visa and what process and how? I hope there is a way for me to bring her here in America even though we are same sex because we do really love each other. Please somebody help me what to do the best and easy or faster way. Answers and base experienced idea will be very much appreciated. Thank you!

Did u say you have two year green card for conditional residence? If yes, I dont think you can sponsor other person until you have 10 year green card

[Our Journey 73]

11 hours ago, Jha said:

I came on a k1 visa and still currently married to a us citizen man but we are not happy anymore and many of his attitudes changed that is why i am planning to do the divorce soon and that I can marry my girlfriend next year and what is the possible way or any other way how I can bring her here in America? Thank you

In my eyes u go to the States on MARRIAGE FRAUD, so if I can see that UCSIS will see too.

[geowrian 22,338]

4 minutes ago, Andocjourney said:

Did u say you have two year green card for conditional residence? If yes, I dont think you can sponsor other person until you have 10 year green card

The conditional green card has no impact on the ability to sponsor somebody else (albeit they must maintain LPR status for whoever they petition, which likely means completing ROC). The issue is she has the green card through marriage, which means she must wait 5 years to petition for another spouse.

[Unlockable 7,315]

I am late seeing this thread and I must say I have never given out so many reputation points in one thread in my VJ existence. 

 

OP, to put it in simple terms.... It looks bad. Even if your marriage was sincere, what you are asking/planning to do just looks bad. This is the biggest hurdle you will have to overcome, proving to an immigration officer that you didn't use the USC for a greencard so that you can bring over your lover. This is why immigration has put in safe guards like the 5 year rule after you immediately divorce a USC.

 

If you truly love your girlfriend back home, you can always divorce your husband and continue your relationship with her back in your home country. Otherwise, it will be a long time before she is here.

[Lilith1811 39]

I can see red flags or big possibility of fraud marriage in this case if I'm the USCIS. 

 

And good Lord... As an LPR who just got her conditional GC after 7 months of good faith marriage, it is extremely hard to stay neutral and not judging in this case.. 

[IcezMan_IcezLady 582]

Classic immigration fraud case... This has been overused and USCIS knows this.

Immigrants gets married to an American, gets GC and then goes back to bring a lover from same country.

You got to be smarter than this.. This trick no longer works. A lesbian marries a heterosexual for immigration benefit just to turn around and bring her lover here. Your story stinks no matter how you cut it.

ever thought about why INA has that 5 year wait clause?? They got tired of it.

 

You can move to China or back home and be with your love.