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koyarzabal

Stay in the US during divorce

By koyarzabal in Effects of Major Family Changes on Immigration Benefits

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koyarzabal Rookie

koyarzabal   0

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Filed: Country: Mexico
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I've been marry since april 2007, my husband file for divorce in february of this year 2 years and 10 months after we were married. He has not serve me the divorce papers but he hasn't withdrawn the divorce either. I received a letter from immigration that i have to send back my green card. I don't know exactly what to do because marriage is not working out but I want to stay in the US.... Help please

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Anh map Grand Master

Anh map   2,098

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Filed: IR-1/CR-1 Visa Country: Vietnam
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Why is USCIS asking you to return your green card?

What is the expiration date on your green card?

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CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

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koyarzabal Rookie

koyarzabal   0

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Filed: Country: Mexico
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Why is USCIS asking you to return your green card?

What is the expiration date on your green card?

After he filed for divorce he also made an appointment at the immigration office and gave a writing statement that we where getting divorce and a copy of the documents he filed (according to him). My visa expired on January 30 of this year. He filed for divorce about 2 or 3 weeks after we had filed to remove the conditions on my temporary green card. I don't exactly remember what the reason why the immigration office wanted my old green card because my husband took the letter after he had hidden it for 2 1/2 months. But I haven't sent my green card and I haven't done anything because I'm little scare. :(

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sasaqlain Proficient

sasaqlain   24

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Filed: Citizen (apr) Country: Pakistan
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After he filed for divorce he also made an appointment at the immigration office and gave a writing statement that we where getting divorce and a copy of the documents he filed (according to him). My visa expired on January 30 of this year. He filed for divorce about 2 or 3 weeks after we had filed to remove the conditions on my temporary green card. I don't exactly remember what the reason why the immigration office wanted my old green card because my husband took the letter after he had hidden it for 2 1/2 months. But I haven't sent my green card and I haven't done anything because I'm little scare. :(

From your statement it seems that its not a mutual and friendly seperation and he is out to get you. Otherwise he would not have hidden your GC, went out of the way to personally go and explain the divorce scenario to the USCIS, to further complicate things for you. What I don't understand is that why would USCIS ask you to send your GC back. Haven't heard of it till now. The normal course of action by USCIS should have been to deny your case and initiate removal proceedings against you. You should speak to an attorney ASAP.

IR5 For Parent

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koyarzabal Rookie

koyarzabal   0

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Filed: Country: Mexico
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From your statement it seems that its not a mutual and friendly seperation and he is out to get you. Otherwise he would not have hidden your GC, went out of the way to personally go and explain the divorce scenario to the USCIS, to further complicate things for you. What I don't understand is that why would USCIS ask you to send your GC back. Haven't heard of it till now. The normal course of action by USCIS should have been to deny your case and initiate removal proceedings against you. You should speak to an attorney ASAP.

He didn't hide my GC he hide the letter from the USCIS saying that i need to return my GC. Why would the USCIS want my old and expired GC?

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sasaqlain Proficient

sasaqlain   24

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Filed: Citizen (apr) Country: Pakistan
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He didn't hide my GC he hide the letter from the USCIS saying that i need to return my GC. Why would the USCIS want my old and expired GC?

My apologies for not reading your post carefully. It doesn't make any sense on part of the USCIS. Asking you to return your Green Card, expired or not. They usually take action on their own. God knows what you husband has been saying to them. I wish I had any info to help you, but with little details, I doubt anybody would be able to tell you what to do other than to try seeking the help of an attorney.

IR5 For Parent

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lax75 Contributor

lax75   2

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Filed: Lift. Cond. (apr) Country: Nigeria
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I'm sorry to hear this. It is sad that when people are hurt, they turn to desperate and vindictive means. I went through a divorce after receiving my conditional green card (about 1.5 years after I got the conditional green card). During the divorce, my ex wife actually brought up the whole conditional green card as a threat and to intimidate me. Well, it so happens that after the divorce was finalized, I went ahead and filed for a removal of conditions through a waiver using a lawyer. I sent in my application December 8th, 2008 and my case was approved June 13th, 2009.

Get you an attorney. But make sure you retain copies of documents that prove the validity of your marriage.

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  • 2 weeks later...
koyarzabal Rookie

koyarzabal   0

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My GC already expired in January of this year. Do I have to wait for the divorce to be done before I can apply for my residency? And would I apply for a GC or a work permit I already had my GC for two years and we filed for the permanet GC unfortunatelly I never got it because my husband filed for divorce and went out of his way to go to immigration too.

Any recommendations for an attorney? I live in Orange county (california)

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Darnell Grand Master

Darnell   8,478

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Filed: IR-1/CR-1 Visa Country: China
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you should call into USCIS now, get an ISO (see http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5 ) and inquire about casefile status for the removal of conditions case.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
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IncorrectPolitics Enthusiast

IncorrectPolitics   26

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Filed: Lift. Cond. (pnd) Country: Lebanon
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Posted (edited)

My GC already expired in January of this year. Do I have to wait for the divorce to be done before I can apply for my residency? And would I apply for a GC or a work permit I already had my GC for two years and we filed for the permanet GC unfortunatelly I never got it because my husband filed for divorce and went out of his way to go to immigration too.

Any recommendations for an attorney? I live in Orange county (california)

Did you do biometrics (fingerprints) not long after filing for ROC with your husband? If you did biometrics already you could have been approved because they were approving fast out of CSC at the time you applied for ROC. Like I just said in another post he could very well be hiding your 10 year green card from you and the fact that you were approved. I have never heard of USCIS asking someone to return an expired green card by mail. You should listen to Darnell and contact USCIS about your case.

Edited by IncorrectPolitics

I-751 Timeline

ROC sent 6-12-2010

Package received by CSC 6-14-2010

NOA sent 6-14-2010

Check Cashed 6-16-2010

NOA received 6-21-2010

Biometrics letter received 7-6-2010 dated 7-01-2010

Biometrics appointment 7-23-2010

Touched 7-23-2010

Touched 7-26-2010

Interview letter recieved 10-13-2010

Interview date 11-5-2010

Approved and approval letter given at interview 11-5-2010

Waiting on card now

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paidplayed Rookie

paidplayed   1

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Filed: AOS (pnd) Country: Russia
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I never heard of USCIS requiring to turn in a green card for this reason.

Contact an attorney and file a motion in the court.

The judge will not have you removed during the proceedings.

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