Firt green card

[Adelisa 1]

My husband is US citizen and i came here with K1 visa and I got my firt (temporary) green card ( on 2 years) and my question is next; if we get divorced before applying for the next green card can i be deported ?

Honestly I don’t know what to do i will go to homeland security and call embassy to see what to do if we divorce.

[geowrian 22,337]

One can file for ROC (I-751) due to divorce just fine. No removal needed, and no need to notify USCIS or an embassy...just file the I-751.

[TM92 527]

11 minutes ago, Adelisa said:

if we get divorced before applying for the next green card can i be deported ?

Only an immigration judge can revoke your permanent resident status. Here are the criteria to remove conditions; https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage:

Quote

Eligibility Criteria

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.

Note: Refer to Form I-751 for more specific eligibility requirements

[Adelisa 1]

So just to fill I-751 and i will not have any problem with second green card?? 

This temporary gonna expire next year in August 

[geowrian 22,337]

12 minutes ago, Adelisa said:

So just to fill I-751 and i will not have any problem with second green card?? 

This temporary gonna expire next year in August 

Fill it out and present a good case that the marriage was entered into in good faith. Wait a long time. Possibly interview.

The I-751 is to be filed within 90 days of the card's expiration, or can be filed anytime after a final divorce decree.

[Adelisa 1]

Thank you so much for your help.

[Lucky2Lucky 2,526]

14 hours ago, geowrian said:

Fill it out and present a good case that the marriage was entered into in good faith. Wait a long time. Possibly interview.

The I-751 is to be filed within 90 days of the card's expiration, or can be filed anytime after a final divorce decree.

This person is correct. If you divorce you will need to show proof you entered the marriage in good faith. As long as you did you are fine 🙂

[Adelisa 1]

But how do you mean “good faith “ ?

[Jaquelly 1,647]

10 minutes ago, Adelisa said:

But how do you mean “good faith “ ?

That you did not marry with the intent to divorce and get a green card. That you were actually in love. That it was real and not a vessel for you to get a green card. 

[Ontarkie 14,235]

~~Moved to Effects of Major Family Changes, from K1 P&P - As a more suitable forum for this discussion.~~

[Adelisa 1]

Thank you so much for explaining everything 

[Going through 5,671]

Best of luck to you in filing!

[Amadia 711]

Hi,

 

How long were you married for?

If Aug 2018 makes it 1 year since you had your conditional card and the 2 years will end next Aug, you will have to prove that you entered into your marriage in good faith and did not get married just for immigration benefits. I do not know the particulars of your case but I hope you get ti sorted out.

[Adelisa 1]

We are married for year and half..But how to prove that because we don’t have children but we trying and going to doctors about that.

[Going through 5,671]

8 hours ago, Adelisa said:

We are married for year and half..But how to prove that because we don’t have children but we trying and going to doctors about that.

Actually---children isn't proof of a bonafide marriage in terms of immigration---it's just proof that two people had sex that resulted in pregnancy  

 

For USCIS, proof of a bonafide marriage is largely co-mingling of finances...things most couples would have had during a marriage before divorce occurred.  Things including:

 

-joint tax returns (or married filing separately)

-joint bank account

-joint health insurance

-joint utility bills

-joint car insurance

-both names on the lease or mortgage

 

The same sort of stuff you submitted to USCIS to prove a bonafide relationship when you got your K1, and then what you submitted to prove a bonafide marriage when you got your conditional green card is already in your file and also in your favor when you are filing the ROC for the 10-year green card with a divorce waiver.