Is he able to get his permanent residence card?

[geowrian 22,337]

1 hour ago, geowrian said:

Edit: Note that this approval rate is twice that of family-based AOS applications (and a few times that of K-1 visas issued, although you get that from the DOS website, not USCIS).

I meant to say the refusal rate of AOS is twice that of ROC, and the K-1 visa a few times that of ROC (not approval rates).  I think it was clear what I meant, but words matter.

Edited January 16, 2018 by geowrian

[NikLR 13,227]

2 hours ago, sy1983 said:

I agree.  Im sorry to hear that he was cheated on and the marriage didnt work out but the whole point of issuing a permanent resident status is solely for 

marriage. If the marriage doesn't work out on either fault of the party then residency should not be allow and should go back to home country, where he is from 

and back with his family there. It makes perfect sense .. 

Well it is a good thing that your opinion does not matter.  He can remove conditions on his own with a divorce waiver. 

[NikLR 13,227]

3 hours ago, Londonergirl said:

I have heard that it is superhard though to get the 10 year old gc if you have been married less than 2 years??

Not really.  You just have to provide evidence that you entered the marriage in good faith.  Many divorce waivers end up at an interview but unless the marriage was particularly short and was not a vawa case, most are approved.  I know of someone who lived with her in laws the entire time who ended up divorcing her husband and starting a relationship with her father in law and still was approved for ROC.  

[Boiler 45,558]

Agree ROC seems only an issue in the most extreme of situations.

[Crazy Cat 41,904]

6 hours ago, sy1983 said:

If the marriage doesn't work out on either fault of the party then residency should not be allow and should go back to home country, where he is from 

and back with his family there. It makes perfect sense .. 

No, it doesn't.  The law says he can stay in the US if it is determined that he entered the marriage in good faith....the law supersedes your opinion.

[Londonergirl 133]

4 hours ago, missileman said:

No, it doesn't.  The law says he can stay in the US if it is determined that he entered the marriage in good faith....the law supersedes your opinion.

Can you please send me where I can read about real examples of people who have gone through this?

As I have heard more about people who have their GC taken from them because of divorce. 

[Crazy Cat 41,904]

16 minutes ago, Londonergirl said:

Can you please send me where I can read about real examples of people who have gone through this?

As I have heard more about people who have their GC taken from them because of divorce. 

If you use the search function here on the VJ site (on the blue ribbon at the top of this page), you will see some cases which were successful.  Search using the terms "divorce waiver".

Good Luck.

[geowrian 22,337]

18 minutes ago, Londonergirl said:

Can you please send me where I can read about real examples of people who have gone through this?

As I have heard more about people who have their GC taken from them because of divorce. 

VJ has plenty of such cases. Follow the ROC threads here for updates.

Again, statistics don't lie.

 

One such post in one such thread with a summary of current ROC filers for that month (NOTE: no denials recorded there but plenty of approvals and the rest are still pending a decision):

 

[Londonergirl 133]

1 hour ago, missileman said:

If you use the search function here on the VJ site (on the blue ribbon at the top of this page), you will see some cases which were successful.  Search using the terms "divorce waiver".

Good Luck.

I was only curious  As I had never heard about it being so easy.

[sy1983 31]

10 hours ago, NikLR said:

Well it is a good thing that your opinion does not matter.  He can remove conditions on his own with a divorce waiver. 

 

6 hours ago, missileman said:

No, it doesn't.  The law says he can stay in the US if it is determined that he entered the marriage in good faith....the law supersedes your opinion.

Well you guys are right. I guess the every Law out there must make perfect sense and logic, that is why our law-makers and politicians stare at the wall all day and do nothing. 
Its really sad. This is obviously a loophole. 

[geowrian 22,337]

10 minutes ago, sy1983 said:

Well you guys are right. I guess the every Law out there must make perfect sense and logic, that is why our law-makers and politicians stare at the wall all day and do nothing. 
Its really sad. This is obviously a loophole. 

What's the loophole? Somebody left their life abroad and established one within the US as a permanent resident. Why should they be forced to give up their job, friends, etc. because their spouse cheated on them (or for any failed marriage reason)? Or be separated from their child (if any)?

[Crazy Cat 41,904]

15 minutes ago, sy1983 said:

 

Well you guys are right. I guess the every Law out there must make perfect sense and logic, that is why our law-makers and politicians stare at the wall all day and do nothing. 
Its really sad. This is obviously a loophole. 

Loop hole?  no, it's more like equal protection under the law.

[sy1983 31]

37 minutes ago, geowrian said:

What's the loophole? Somebody left their life abroad and established one within the US as a permanent resident. Why should they be forced to give up their job, friends, etc. because their spouse cheated on them (or for any failed marriage reason)? Or be separated from their child (if any)?

Yeah 30 years doing fine in their home country and suddenly spending less than 2 years in the US sounds like his life has completely changed, so i guess thats the same. 

How is NOT a loophole ? the ENTIRE premise of his immigration is solely for marriage and when that doesn't work out the premise is invalid. If they have children born in the US then

he ought to file under parent of a citizen, still not for this marriage. 

[sy1983 31]

33 minutes ago, missileman said:

Loop hole?  no, it's more like equal protection under the law.

Hence this law is absolutely ####### and a loop hole. Laws should have its limitation depending on the status of individual. Isnt that the whole point of being a CONDITIONAL resident ? 

Why be CONDITIONAL when he can stay indefinitely and be protected under equal laws. Why not just hand him a citizen and beg him to stay ? this is EXACTLY what is wrong with this law

and its very sad that most of you don't see it. You can argue with me all you want but it doesnt make this right. 

[Crazy Cat 41,904]

5 minutes ago, sy1983 said:

Hence this law is absolutely ####### and a loop hole. Laws should have its limitation depending on the status of individual. Isnt that the whole point of being a CONDITIONAL resident ? 

Why be CONDITIONAL when he can stay indefinitely and be protected under equal laws. Why not just hand him a citizen and beg him to stay ? this is EXACTLY what is wrong with this law

and its very sad that most of you don't see it. You can argue with me all you want but it doesnt make this right. 

From the USCIS web site:

 

Generally, you may apply to remove your conditions on permanent residence if you:

• Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did;
• Are a child and, for a valid reason, cannot be included in your parents’ application;
• Are a widow or widower who entered into your marriage in good faith;
• Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or
• Entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse.

 

There is no loophole.  It is clearly part of the intent of the written law....

 

It doesn't jive with your opinion, but it is not an unintended "loop hole".

Edited January 16, 2018 by missileman