When conditional green card expires

[Americansponsor 1]

I divorced my wife after 10 months.  I sponsored her K1 visa in 2018.  She arrived Dec 2018 and we married Dec 2018, divorced Dec 2019 and now she lives in an apt down the road.

 

I was at the first green card interview, she was given conditional GC around Feb or March of 2019 (best recollection).  She received a MI drivers license around Aug 2019.  I was told that the expiration of drivers license likely coincides with expiration of immigration documents (from an H1B1 visa holder I work with).  During the conditional GC interview I remember hearing that she needed to apply for permanent GC around Oct 2020 (remove conditions).  I have alimony which will end based on civil judgement once her immigration status changes, I have no way of knowing what her status is.

 

Her case to remove the conditional GC (through divorce waiver, VAWA or other) is weak.  I know this from discussions prior to divorce being final (I can give details, for example not many pictures, no joint banking, valid marriage difficult to prove).

 

My questions are the following

1) How long does it typically take for application for removal of conditions to when GC is issued?  Ex if submitted Oct 2020, this likely means conditional GC expires March 2021??

2) Is there any way to check status of green card thru the affidavit of support or a website if I have the K1 visa id?

3) is there any way to get a copy of her drivers license through a public record search?

 

 

 

 

 

[Mike E 11,742]

I don’t know why you think her case is weak.  If she had a final divorce decree her case is strong.  Indeed with a divorce decree b hand she didn’t even need to wait for 90 days before the expiration of her temporary green card to apply for a permanent green card.  The temporary green card “reform” simply made it easier for people to keep their LPR status after a quick divorce filed after AOS approver. 
 

1. ROC cases can take years to resolve. 
 

2. Unless you know her ROC case number, no.  
 

3. Not an immigration question. 

[aratamorne 165]

When she applies for RoC, she will receive an 18 month extension letter.  How long it takes all depends on the applicant as well as where the application gets sent.  I second Mike E, her application with divorce waiver is not weak, especially since you attended her AoS interview to reinforce that the marriage was bonified.

 

You can only check on the status of the RoC if you have the case number, which she would need to provide you.  RoC does not change her immigration status, as she is still considered a permanent resident, and even an expired greencard does not mean she has lost her permanent resident status.

[aaron2020 11,651]

Hi,

Unfortunately, there is no way for you to know what her immigration status is without her telling you or a court order ordering her to tell you.  

 

1.  Some cases takes a few months.  Others takes a few years.  No way to know how her case will go.

 

2.  No.  Be real careful here.  Even if you have her ROC case number, you may be violating laws on privacy and computer hacking.  It's not your case, so you do not have any rights to access information on it.  

3.  Highly unlikely that you will get a copy of someone's DL.  The concern would be identity theft.  



 

[payxibka 10,047]

4 hours ago, Americansponsor said:

I divorced my wife after 10 months.  I sponsored her K1 visa in 2018.  She arrived Dec 2018 and we married Dec 2018, divorced Dec 2019 and now she lives in an apt down the road.

 

I was at the first green card interview, she was given conditional GC around Feb or March of 2019 (best recollection).  She received a MI drivers license around Aug 2019.  I was told that the expiration of drivers license likely coincides with expiration of immigration documents (from an H1B1 visa holder I work with).  During the conditional GC interview I remember hearing that she needed to apply for permanent GC around Oct 2020 (remove conditions).  I have alimony which will end based on civil judgement once her immigration status changes, I have no way of knowing what her status is.

 

Her case to remove the conditional GC (through divorce waiver, VAWA or other) is weak.  I know this from discussions prior to divorce being final (I can give details, for example not many pictures, no joint banking, valid marriage difficult to prove).

 

My questions are the following

1) How long does it typically take for application for removal of conditions to when GC is issued?  Ex if submitted Oct 2020, this likely means conditional GC expires March 2021??

2) Is there any way to check status of green card thru the affidavit of support or a website if I have the K1 visa id?

3) is there any way to get a copy of her drivers license through a public record search?

 

 

 

 

 

Your alimony changes when she goes from resident to resident?  

[Just Paul 4,595]

If her alimony ends when she gets a permanent green card:

 

I would imagine that she would just apply at the two year mark )and get an 18 month extension at that time)

 

You could file a motion for discovery in the family court asking the judge to compel her to provide her "immigration status" - after a reasonable time.  I don't think USCIS will have any interest in updating you with her immigration status unless she becomes a public charge.

 

[Ryan H 3,834]

Moved from K1 Process & Procedures to Removing Conditions on Residency Discussion.

[Scandi 4,181]

Her ROC could be approved already for all we know, she could file for ROC earlier than the 90 day window since she's divorced, she didn't have to wait to file unlike those of us who are still married. And going from a conditional to a non-conditional greencard doesn't change her status in the country, she's still a permanent resident no matter what greencard she has.

Edited November 13, 2020 by Scandi

[Carpe Vinum 2,330]

You said in your other thread that the alimony was fixed at 18 months. How does that change with her residence status?