No green card, only a working permit

[Smalto 0]

Hello ALL,
I have been married for 2 years now, Unfortunately my wife wants the divorce.
I never received a green card, just a working permit.
I am afraid after the divorce, i might not even get a green card or be eligible to stay in the state.
I find some articles reported that after 2 years of marriage you can file a waiver form with i-751 but they all applied to conditional resident (Green card).

Please advise if there are other possibilities.
Thank you.

[aleful 1,905]

hi

 

nope, that's after you get the GC, no marriage, no green card

 

removal of conditions is if you get the green card and you have been married less than 2 years, then the expiration of the green card will be 2 years and need to remove conditions, 

 

since you have been married over 2 years, if you had your interview and it was approved and you had gotten your green card, then the card would be for 10 years. 

 

 

 

 

 

 

 

 

[Smalto 0]

I did the interview already, I was hoping to have the green card not sure why it took this long.

So I guess I am dumed since my wife is filing for divorce. correct?

Edited February 21, 2019 by Smalto

[aleful 1,905]

hi

 

they still could approve it, but we don't know the delay

[Hypnos 6,576]

Per Matter of Sesay, your I-485 can still be approved even if you divorce your US citizen spouse, provided that you initially entered the marriage in good faith and your US citizen spouse is still willing to submit an I-864 for you (or if already submitted, will not revoke it). 

Edited February 21, 2019 by Hypnos

[Smalto 0]

Appreciate the information Hypnos. The Affidavit of support was handled by a friend of ours.

My wife is trying also to cancel the process by going to immigration after filing for divorce.

Do you know of steps I should follow to have my head above water, or just wait.

[Ontarkie 14,234]

~~Moved to Effects of Major Family Changes, From ROC- as similar threads are discussed here~~

[Hypnos 6,576]

Your wife is the primary sponsor even if her income is $0. If she pulls her I-864 then that's game over I'm afraid. You cannot adjust status through her without an I-864, and if her income is insufficient then you'd need an I-864 from someone else as a joint sponsor too, as you already did once.

[little immigrant 801]

14 hours ago, Smalto said:

Hello ALL,
I have been married for 2 years now, Unfortunately my wife wants the divorce.
I never received a green card, just a working permit.
I am afraid after the divorce, i might not even get a green card or be eligible to stay in the state.
I find some articles reported that after 2 years of marriage you can file a waiver form with i-751 but they all applied to conditional resident (Green card).

Please advise if there are other possibilities.
Thank you.

I know this isn't really helpful but why did you wait 2 years before you filed anything?

[nastra30 2,287]

20 hours ago, Smalto said:

I did the interview already, I was hoping to have the green card not sure why it took this long.

So I guess I am dumed since my wife is filing for divorce. correct?

You did your green card interview already? Then there's a chance you can still get approved and receive your 10 green card. Just hope your wife doesn't pull the Affidavit of Support before that.

[Smalto 0]

For the affidavit of support, we had a sponsor.

I did the interview and I am pending the temporary green card for all this time.

If you believe that without a temporary or conditional green card, I can still have a chance to move forward with the process even if my wife cancel the process.

can you suggest what steps I should follow after the divorce? 

[Hypnos 6,576]

If your wife withdraws her I-864, and honestly that's likely, then you have no path forward to permanent residency. 

Edited February 22, 2019 by Hypnos

[Smalto 0]

my wife is not the sponsor, a friend of mine was our sponsor because my wife was not meeting the poverty line income. So the I-864 was not based on her income. I hope I am explaining the situation better.

[Ate 180]

41 minutes ago, Smalto said:

my wife is not the sponsor, a friend of mine was our sponsor because my wife was not meeting the poverty line income. So the I-864 was not based on her income. I hope I am explaining the situation better.

 

Your wife is absolutely your primary sponsor even if she has no income and had a joint sponsor to meet the income requirement.  That may not be what you want to hear but that's how it works.  If your wife withdraws her I-864 before your green card is approved, there's not going to be a green card for you.

 

[Hypnos 6,576]

And to add on to that, if you're saying your wife didn't complete an I-864 for you ever then your green card likewise cannot be approved without her submitting one, even if it shows an income of $0.