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#1
16th December 2003, 10:32 AM
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Divorce and green card
My friend is a US citizen, his wife got a green card through him last year july. He wishes to file for a divorce with her. If they divorce early next year (Feb 2004) does it mean that her green card is invalid? Isnt it true that the couple have to live together for at least 2 years before the wife gets her permanent green card?
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#2
17th December 2003, 04:03 PM
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I guess you are talking about conditional GC. Those cases involve US citizen and their spouse as a beneficiary. If GC gets approved within 2 year of their marriage, beneficiary gets conditional GC and they need to file papers (I don't remember exact INS form number) to remove condition.
After removing condition it's very hard to get someone GC cancelled. Basically you need to prove that marriage was just to get the GC.
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#3
17th December 2003, 06:42 PM
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If it's your friend who wants to divorce his wife, why is he "worried" about her GC status? If he is really "worried" then why choose to divorce before the required 2 years of living together as husband and wife and then applying for the removal of conditions. Anybody who gets a green card through marriage with an USC gets a 2 year "conditional" green card. After successful completion of 2 years she/he gets the permanent green card.
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#4
18th December 2003, 04:13 PM
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Pretty straightforward
Immi,
My friend wishes to divorce his wife for reasons that she married him for the green card. Since currently she has conditional green card, i think its safe to say that she will not get her permanent green card next year if they are not married at that time. They were married last year.
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#5
29th December 2003, 04:23 PM
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If the woman can prove that the marriage was entered into in good faith, and she has enough evidence, she will not need your freind to remove conditions because she can self pettition and get her permanent Green Card
__________________
Be Nice To The People You Meet On Your Way Up, For They Are The Same People You Meet On Your Way Down.
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