My options after divorce

K

kusumjain111

New Member
I have ended my relation with my husband after a divorce as he had too many psychological issues.
A relation which was completely faithful from my side. Few questions I have

1. I am in a conditional green card period. Can I still file I-751 to remove conditional status or need to wait till expiration of my GC ?
2. Is it possible that I might not get citizenship or my green card can get cancel. I don't have all documents from my last marriage- just marriage certificate, joint bank account and name in rental lease. My husband is ready to accept all fault & responsibility for this divorce. Can that help my case in anyway (like her psychiatric records etc) ?
3. I also want to go home in India for few weeks. In case due to disturbed mind state I need to stay more than 6 months there, can I do that ?
4. Do I need to take care of few things for my status here (before I leave or while I am in India) ? What if my parents get me marry again in during my stay there ?.
 
kusumjain111 said:
I have ended my relation with my husband after a divorce as he had too many psychological issues.
A relation which was completely faithful from my side. Few questions I have

1. I am in a conditional green card period. Can I still file I-751 to remove conditional status or need to wait till expiration of my GC ?
2. Is it possible that I might not get citizenship or my green card can get cancel. I don't have all documents from my last marriage- just marriage certificate, joint bank account and name in rental lease. My husband is ready to accept all fault & responsibility for this divorce. Can that help my case in anyway (like her psychiatric records etc) ?
3. I also want to go home in India for few weeks. In case due to disturbed mind state I need to stay more than 6 months there, can I do that ?
4. Do I need to take care of few things for my status here (before I leave or while I am in India) ? What if my parents get me marry again in during my stay there ?.
Click to expand...

Ok, First of all, You need to take things slowly. it is very important.
You have to wait 2yrs for your Condtional GC to be removed, You can apply 90 days before it expires.(Just to be on safe side)
No, You wont have your GC cancelled.It is good for 2 yrs. When you file for I 751, You need to have copy of bank statements, lease documents, and marriage certificate, written affidavit's from atleast 3 people stating that they know both of you and your marriage was in true intentions when you got married. if you have joint taxes that will help. It all depends on the evidence and the officer.
Dont even think of getting any statement from your Ex Husbang taking responsibility of the break up of marriage. keep Him out of the picture. As per your statement regarding psychiatric report- get a copy from the doctor, it it says that he has psychiatric issues. That will help.
You can go to your country, More than 6 mts is not advisable. You have some tough time at the port of entry back in to USA.
Your Conditional GC is good till the experation date on it. Once you file for removal of Conditional GC you will get an automatic extention for 1 year. (a Stamp of GC in Your passport)
To get remarried? mmmm
try no to do it so soon, it raises flags.
How long is it you have been married and how long did you have a Conditional GC? When did you apply for Divorse? All of these answers will count.
Let me know if this helps.
 
Last edited by a moderator:
1. You can file I-751 anytime without waiting for the two year period to end in your case.
2. There is a good chance you might not get the permanent GC, as it depends heavily on the evidence submitted and honestly the IO reviewing it, some IO's don't care how strong the evidence is are known to just deny the I-751. You however do have a right to appeal that decision.
3. If you file for I-751 now you will get 1 year extension of your GC, you can travel to India but you must have somebody taking care of your mail so they can notify you of a interview.
4. If you get married again AND IF you get your I -751 waiver approved you will not be able to sponsor your future husband for 5 years. Staying over 6 months in India will make things worse for you and is not recommended if you are serious about pursuing the I-751.
 
Thanks for all your replies. Just need few clarifications -
1. How long is it you have been married and how long did you have a Conditional GC? When did you apply for Divorce? - Married in Dec 2008, got GC in Mar 2010 and applied for divorce 3 weeks back
2. You can file I-751 anytime without waiting for the two year period to end in your case.- I go 2 different response on this. Can you please clarify me
3. If you get married again AND IF you get your I -751 waiver approved you will not be able to sponsor your future husband for 5 years. Staying over 6 months in India will make things worse for you and is not recommended if you are serious about pursuing the I-751- Can you please elaborate on this ?
4. If I can't stay more than 6 months in my country, for long I need to be present in us, before I can leave again for few months
 
kusumjain111 said:
And I believe I-751 waiver is filing it before GC conditional period ends...Correct me please...Thanks
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In my openion, you should wait,and file for I 751 90 days before you Conditional GC expires.
Make sure you send in lot of documentation to prove that your marriage was in true intentions.
some of the documents which will help you are- appartment rental lease, joint bank accounts. car insurance, life insurance. any utility bills. any kind of joint accounts statements. written statements from atleast 3 people stating that they know you both before marriage and after marriage,and you got married in true intentions ,and get it notarised. your personal statement explaning what happend .
Send in as much paperwork as you can showing both of your names.
it all depends on the USCIS officer. if your paper work in convensing, you will be given GC.
most important thing- Do not get married and apply for your new spouce GC. till you get your Citizenship. It should take about 6-8mts ,once you file I 751, to hear back from USCIS. So if you can avoid travelling till your case gets finalised,it would be better
Good Luck
 
Read the form instruction and regulations and you will see that you do NOT have to wait for the card expiration date just the final divorce by the time of the adjudication decision.
 
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