Jump to content
Greg123

Divorce before removal of conditional GC

 Share

6 posts in this topic

Recommended Posts

Just asking if anyone can give me advice here;

Married to a USC wife over a year now, AOS interview approved, received conditional GC last Sept this year and my card expires on 2009.

Wife unfaithful, confessed having an affair with another guy, marriage is no longer working....

Divorce is on its way.. Am I still legal to stay and work here after divorce?

If yes, can I just keep the divorce decree and file a petition with waiver when my card expires on 2009?

or file a petition with waiver after I received the divorce decree?

I heard different advices, so please somebody tell what is the best thing to do.

Thanks!

Link to comment
Share on other sites

Filed: AOS (apr) Country: Jordan
Timeline
Just asking if anyone can give me advice here;

Married to a USC wife over a year now, AOS interview approved, received conditional GC last Sept this year and my card expires on 2009.

Wife unfaithful, confessed having an affair with another guy, marriage is no longer working....

Divorce is on its way.. Am I still legal to stay and work here after divorce?

If yes, can I just keep the divorce decree and file a petition with waiver when my card expires on 2009?

or file a petition with waiver after I received the divorce decree?

I heard different advices, so please somebody tell what is the best thing to do.

Thanks!

I'm sort of on the other side of that coin at the moment - I sponsored someone who got here and won't work or help to support his son or the home...you sound like a nice guy - funny how we end up with people that hurt us.

From what I researched, the easiest way to stay is if someone else sponsors you while you are still in conditional status. At least that is what my attorney advised we suggest to my ex if he wants to stay in the States because despite everything, if we can find a way to at least be friends, I would like for him to be able to stay in the States and be a father to our son. I just cannot handle being responsible for him as well as supporting our son and home by myself...financially, I am about at my wits' end...

I hope this helps.

Link to comment
Share on other sites

I think you can remove conditions on your own if you divorce before the conditional card expires.

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

Link to comment
Share on other sites

Filed: Timeline
Just asking if anyone can give me advice here;

Married to a USC wife over a year now, AOS interview approved, received conditional GC last Sept this year and my card expires on 2009.

Wife unfaithful, confessed having an affair with another guy, marriage is no longer working....

Divorce is on its way.. Am I still legal to stay and work here after divorce?

If yes, can I just keep the divorce decree and file a petition with waiver when my card expires on 2009?

or file a petition with waiver after I received the divorce decree?

I heard different advices, so please somebody tell what is the best thing to do.

Thanks!

Yes, you have legal status until your conditional green card expires, or until the date provided on the receipt you will receive once you apply to remove conditions. There's no requirement to file the waiver immediately upon divorce, but an alien who has recently divorced and has already a decree in hand cannot acquire more evidences of a bona fide marriage once the marriage has terminated and therefore there's no point in delaying the application until 90 days prior to the greencard expiry date.

From what I researched, the easiest way to stay is if someone else sponsors you while you are still in conditional status.

This is entirely incorrect for the specific circumstance that Greg123 is querying.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Link to comment
Share on other sites

Filed: AOS (apr) Country: Nigeria
Timeline
Just asking if anyone can give me advice here;

Married to a USC wife over a year now, AOS interview approved, received conditional GC last Sept this year and my card expires on 2009.

Wife unfaithful, confessed having an affair with another guy, marriage is no longer working....

Divorce is on its way.. Am I still legal to stay and work here after divorce?

If yes, can I just keep the divorce decree and file a petition with waiver when my card expires on 2009?

or file a petition with waiver after I received the divorce decree?

I heard different advices, so please somebody tell what is the best thing to do.

Thanks!

Yes, you have legal status until your conditional green card expires, or until the date provided on the receipt you will receive once you apply to remove conditions. There's no requirement to file the waiver immediately upon divorce, but an alien who has recently divorced and has already a decree in hand cannot acquire more evidences of a bona fide marriage once the marriage has terminated and therefore there's no point in delaying the application until 90 days prior to the greencard expiry date.

From what I researched, the easiest way to stay is if someone else sponsors you while you are still in conditional status.

This is entirely incorrect for the specific circumstance that Greg123 is querying.

I'm too on the other side, this is a good place for really good advice. I spoke with an immugration interviwer and she stated that the only way the immugrant could remove conditions sucessfully was to prove you were in it for real and it was the non-immugrant that messed up. I suggest you get evidence, that is what they told me. Not just wom but concrete evidence. Good luck

Link to comment
Share on other sites

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...