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Filed: Timeline
Posted

I got married about a year ago to a wonderful woman from another country. We applied and recieved a fiance visa and eventually she got a temporary greencard. This card is provisional, as I understand it, upon her remaining married to me. Eventually I have been told that she can replace this with another permanant greencard that is not dependent upon her being married to me. In the last several months our marriage has turned quite bad and we are considering divorce. However, I don't want to force her to get deported and loose both her life here, which she enjoyes, and her provisional greencard. is there any way to accelarate the process of turning her provisional greencard into a real greencard?

Tantris

Filed: AOS (pnd) Country: Germany
Timeline
Posted
  tantris said:
I got married about a year ago to a wonderful woman from another country. We applied and recieved a fiance visa and eventually she got a temporary greencard. This card is provisional, as I understand it, upon her remaining married to me. Eventually I have been told that she can replace this with another permanant greencard that is not dependent upon her being married to me. In the last several months our marriage has turned quite bad and we are considering divorce. However, I don't want to force her to get deported and loose both her life here, which she enjoyes, and her provisional greencard. is there any way to accelarate the process of turning her provisional greencard into a real greencard?

As far as I know, the only real possibility would be if you were hitting or otherwise abusing her....then she could file for removal of conditions right away and would not need you at all.

But from your post I would say that's about the furthest thing from your mind (I actually think it's very nice of you to consider her future in the event of divorce).

So you basically would have to wait out the two-year-period of the conditional greencard (you can file for removal of conditions three months before the 2 years are over).....unless someone else knows of any other possibility? :(

May I suggest something totally different? Since you still seem to care about her, and you wrote that you are only just "considering" divorce, isn't there the possibility that marriage counseling might get you two "on track" again....? It would be a shame if you gave up after only one year of marriage...... :(

Good luck,

CW

AOS timeline:

03/17/06 filed for AOS

03/28-06 touched

04/04/06 biometrics

04/05/06 touched

05/23/06 transfered to CSC

06/17/06 touched

08/16/06 touched

11/20/06 USCIS cust.service started inquiry about case (because it's outside of processing times)

11/30/06 approval e-mail

12/07/06 Greencard in the mail (= 8 months and 21 days for the entire AOS process)

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Filed: K-1 Visa Country: Canada
Timeline
Posted
  CWR said:
As far as I know, the only real possibility would be if you were hitting or otherwise abusing her....then she could file for removal of conditions right away and would not need you at all.

But from your post I would say that's about the furthest thing from your mind (I actually think it's very nice of you to consider her future in the event of divorce).

So you basically would have to wait out the two-year-period of the conditional greencard (you can file for removal of conditions three months before the 2 years are over).....unless someone else knows of any other possibility? :(

May I suggest something totally different? Since you still seem to care about her, and you wrote that you are only just "considering" divorce, isn't there the possibility that marriage counseling might get you two "on track" again....? It would be a shame if you gave up after only one year of marriage...... :(

Good luck,

CW

I wouldn't go with hitting or abusing option. from what u posted i wouldn't think this is an option. I agree with the counseling and really trying here. I haven't heard of a faster way. If the USCIS people she you getting and possibly thinking about a divorce and she tries to get her full green card that would raise a red flag about her original intent. they might think it was just to get to the usa. I have heard someone who get a divorce after 5 years of being married that they went after her and tried to get her deported for misrepresentation or something along those lines. because they said it was just to get a visa to the usa, even though the marriage fell apart.

Filed: AOS (pnd) Country: Germany
Timeline
Posted
  silverbutterfly228 said:
I wouldn't go with hitting or abusing option. from what u posted i wouldn't think this is an option.

Ahem, since you quoted me in your post, I'd just like to clarify that I as well did not consider the "abuse possibility" for this particular poster, since I wrote:

"But from your post I would say that's about the furthest thing from your mind".

Just wanted to make sure I was not misunderstood :)

AOS timeline:

03/17/06 filed for AOS

03/28-06 touched

04/04/06 biometrics

04/05/06 touched

05/23/06 transfered to CSC

06/17/06 touched

08/16/06 touched

11/20/06 USCIS cust.service started inquiry about case (because it's outside of processing times)

11/30/06 approval e-mail

12/07/06 Greencard in the mail (= 8 months and 21 days for the entire AOS process)

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Filed: Timeline
Posted
  CWR said:
  silverbutterfly228 said:

I wouldn't go with hitting or abusing option. from what u posted i wouldn't think this is an option.

Ahem, since you quoted me in your post, I'd just like to clarify that I as well did not consider the "abuse possibility" for this particular poster, since I wrote:

"But from your post I would say that's about the furthest thing from your mind".

Just wanted to make sure I was not misunderstood :)

Boy that sure happens a lot on here! I think you were quite clear on your post so no worries.

Filed: K-1 Visa Country: Canada
Timeline
Posted
  CWR said:
  silverbutterfly228 said:

I wouldn't go with hitting or abusing option. from what u posted i wouldn't think this is an option.

Ahem, since you quoted me in your post, I'd just like to clarify that I as well did not consider the "abuse possibility" for this particular poster, since I wrote:

"But from your post I would say that's about the furthest thing from your mind".

Just wanted to make sure I was not misunderstood :)

Completely not taken as if you were actaully suggesting doing that!

I didn't take it as you were. i took at as ur were just pointing out the only or technical reason in getting green card now. :) your counseling idea was good!

Filed: AOS (pnd) Country: Germany
Timeline
Posted
  silverbutterfly228 said:
Completely not taken as if you were actaully suggesting doing that!

I didn't take it as you were. i took at as ur were just pointing out the only or technical reason in getting green card now. :) your counseling idea was good!

Oh, good :D

I guess I really just wanted to make sure no one thought I actually suggested going that route.......it's so easy to misunderstand things on internet boards :blush:

And I do think that counseling would work if both wanted to give saving the marriage a try. I'd just hate to see a marriage end for people who just one short year earlier were in love enough to make the marriage commitment. There should be a way to rekindle the feelings and/or work on the problems so that they are able to stay together. (L)

CW

AOS timeline:

03/17/06 filed for AOS

03/28-06 touched

04/04/06 biometrics

04/05/06 touched

05/23/06 transfered to CSC

06/17/06 touched

08/16/06 touched

11/20/06 USCIS cust.service started inquiry about case (because it's outside of processing times)

11/30/06 approval e-mail

12/07/06 Greencard in the mail (= 8 months and 21 days for the entire AOS process)

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Filed: Timeline
Posted

Thank you everyone for your advice. I don't know if we are going to be able to resolve our differences or not. We still like each other a great deal, but argue constanty about core issues. Anyway, thanks everyone.

BTW, I think the abuse option is not likely to work.

Kevin

Filed: Country: United Kingdom
Timeline
Posted
  tantris said:
is there any way to accelarate the process of turning her provisional greencard into a real greencard?

Tantris

Tantris,

Yes, there is. I suggest that you and your spouse go to the Removing Conditions Forum here at VJ and look at the pinned post.

The answers to your Qs are there, and the links you'll need to learn more.

The abuse card is NOT the only way.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Posted

If you are having arguments about core issues, perhaps compatibility is not what it needs to be. Having said that, are they fundamental differences, or can one of you not compromise? That is often one of the early problems in new relationships. The real question is, are they differences that affect you both very deeply, or are they more superficial things?

Counselling is a good idea.

Best of luck,

G

I-129F Filing

G (USA)

L (Scotland)

2005-02-05 Sent to TSC

2005-03-02 NOA2 rcvd

2005-04-27 Medical - 3:40 pm in Edinburgh

2005-05-19 Interview - approved!!

2005-06-12 G & L fly to Florida

2005-08-20 Wedding day!!

2005-09-15 Sent AOS docs

2005-09-23 NOA1 rcvd for 485, 765, and 131

2005-11-28 AP rcvd

2006-01-03 EAD rcvd

2006-03-08 AOS interview - Success - pending FBI name check!!

2006-04-05 Rcvd the 'Welcome To America' email. Name check is done!!

2006-04-17 Green Card Received!!

2008-02-05 Sent I-751 to remove conditions

2008-02-11 I-751 received in Texas

2008-02-25 Check finally cashed!!

2008-03-19 Biometrics completed in West Palm Beach

2008-12-23 Rcvd notification of GC production

2008-12-30 Rcvd notification of confirmation letter going in the mail.

"Just as our DNA is unique, so too is our visa processing experience."

G 3/31/05

Filed: AOS (apr) Country: Canada
Timeline
Posted

I agree with meauxna, she can lift conditions on her own.

Barbara (Canada) & Dallas (USC)

AOS

Nov 13 2005 EAD & I-485 sent to Chicago Lockbox

Nov 22, 2005 EAD & I-485 NOA1

Dec 15, 2005 Biometrics for EAD & I-485

Dec 19, 2005 EAD & I-485 Touched

Jan 21, 2006 Rec'd I-485 Fingerprint Reschedule Notice (AHHH!!!)

Feb 10, 2006 Fingerprint App't

Feb 1, 2006 EAD Approved!!!!

Feb 11, 2006 Rec'd EAD card

Feb 13, 2006 Applied for SSN

Feb 17, 2006 Rec'd SSN

Feb 23, 2006 I-485 Transferred to CSC (AHHH!!)

Mar 02, 2006 I-485 Has been received at CSC

Mar 13, 2006 I-485 Touched

Mar 14, 2006 I-485 Touched

Apr 15 & 25 2006 emailed CSC for status inquiry on I-485

Apr 26 2006 received a response from CSC, another response in 60 days (ahhhhh!!!)

Apr 27, 2006 I-485 Touched

Jun 17, 2006 I-485 Touched

Jun 19, 2006 I-485 Touched

Jun 20, 2006 I-485 Touched

July 3, 2006 emailed CSC again, no response given in the allotted 60 days time frame.

July 27, 2006 received a response from CSC, another response will be given in 30 days.. ha ha ha.

***app sent back to Missouri ***app sent to Chicago

Aug 21 2006 touched

Sept 29 2006 3rd year Anniversay

October 13, 2006 Immigration Interview - Need to return with Long Form Birth Certificate

October 13, 2006 Long Form Birth Cert ordered with expediated shipping

October 18, 2006 Birth Cert Received

October 19, 2006 2nd Immigration Interview - APPROVED

5-20 business days for the Green Card to arrive, maybe I'll be back to see my family before Christmas?

Filed: Citizen (apr) Country: Australia
Timeline
Posted

Before you give up on the marriage I'd really suggest you try counselling together. It might be easier to talk out some of the issues with a third person to mediate... but if your marriage really doesn't work out your spouse doesn't necessarily have to leave the US - if she hadn't got her green card yet she wouldn't have any options, but you can lift conditions as a divorced person if you can prove that your marriage was entered into in good faith and not just as a way to get to the US...

Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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