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Case approved even if divorced?
- Thread starter FRAA mOLL
- Start date
Jane Green
Registered Users (C)
Yes, it can
You have to file to waive the joint filing requirement.
You will have to prove to the immigration that your marriage was real and not just to get the GC and
you have to be prepared with all the supporting evidence you can get (copy of join rental lease and so on). You might want to consult a lawyer on this, if you not sure you can do it alone, but it is doable.
Here is a link to the more information and good luck!
http://uscis.gov/graphics/howdoi/remcond.htm
You have to file to waive the joint filing requirement.
You will have to prove to the immigration that your marriage was real and not just to get the GC and
you have to be prepared with all the supporting evidence you can get (copy of join rental lease and so on). You might want to consult a lawyer on this, if you not sure you can do it alone, but it is doable.
Here is a link to the more information and good luck!
http://uscis.gov/graphics/howdoi/remcond.htm
Its definately possible. I know this for fact because it happened with my spouse. She got divorced in the first 3 month of marriage, after she got married. Once she got married with me, we did removal of condition. It was not easy but we got that taken care. The main thing that they look for is wheather her marriage was legitimate or not. If you can provide them good enough proof such as lease, tax form, any utility bills, anything where you have your name in connection to that address where you both were living at the time of marriage helps. In my wife case, we had literally no paper work since the marriage only lasted for 3 months. We had to call people into the court who witness my spouse as a married couple with her X husband. The whole thing was not easy, but possible. Make sure you pick a damm good lawyer, I believe my case was not too hard to prove, more problem came because of my lawyers. I wish you best of the luck.
Thanks
I can prove it, no doubt about it. We were together for six years and married for over 2. So, it was a stresful divorce.
Anyway, doI need to submitt another Form I-751?
I really appreciate your support and will post my results for future referece.
Thanks,
Frank
I can prove it, no doubt about it. We were together for six years and married for over 2. So, it was a stresful divorce.
Anyway, doI need to submitt another Form I-751?
I really appreciate your support and will post my results for future referece.
Thanks,
Frank
Jane Green
Registered Users (C)
I really don’t know if you should file new I-751 or not, or maybe just notify them on writing about your divorce.
I search the INS website and there is nothing about it. It is only if you got divorced before filing a join petition to remove the condition then you’ll have to file one on your own.
But you already filed, together with her two years ago, correct?
You just might sit and wait until they automatically approve you (remove the condition) or call you on the interview. If they do call you on the interview, then you’ll be in trouble because they will ask for both people to appear and she obviously won’t. In such case you’ll have to notify INS before the interview of your divorce and request a waiver. I guess. I am not a lower. I just know people who got divorced and still approved for a GC.
Sec. 216.4 Joint petition to remove conditional basis of lawful permanent resident status for alien spouse.
(b) Interview -- (1) Authority to waive interview. The director of the regional service center shall review the Form I - 751 filed by the alien and the alien's spouse to determine whether to waive the interview required by the Act. If satisfied that the marriage was not for the purpose of evading the immigration laws, the regional service center director may waive the interview and approve the petition. If not so satisfied, then the regional service center director shall forward the petition to the district director having jurisdiction over the place of the alien's residence so that an interview of both the alien and the alien's spouse may be conducted. The director must either waive the requirement for an interview and adjudicate the petition or arrange for an interview within 90 days of the date on which the petition was properly filed.
(2) Location of interview. Unless waived, an interview on the Form I - 751 shall be conducted by an immigration examiner or other officer so designated by the district director at the district office, files control office or suboffice having jurisdiction over the residence of the joint petitioners.
(3) Termination of status for failure to appear for interview. If the conditional resident alien and/or the petitioning spouse fail to appear for an interview in connection with the joint petition required by section 216(c) of the Act, the alien's permanent residence status will be automatically terminated as of the second anniversary of the date on which the alien obtained permanent residence. The alien shall be provided with written notification of the termination and the reasons therefor, and a notice to appear shall be issued placing the alien under removal proceedings. The alien may seek review of the decision to terminate his or her status in such proceedings, but the burden shall be on the alien to establish compliance with the interview requirements. If the alien submits a written request that the interview be rescheduled or that the interview be waived, and the director determines that there is good cause for granting the request, the interview may be rescheduled or waived, as appropriate. If the interview is rescheduled at the request of the petitioners, the Service shall not be required to conduct the interview within the 90-day period following the filing of the petition. (Revised effective 4/1/97; 62 FR 10312)
I search the INS website and there is nothing about it. It is only if you got divorced before filing a join petition to remove the condition then you’ll have to file one on your own.
But you already filed, together with her two years ago, correct?
You just might sit and wait until they automatically approve you (remove the condition) or call you on the interview. If they do call you on the interview, then you’ll be in trouble because they will ask for both people to appear and she obviously won’t. In such case you’ll have to notify INS before the interview of your divorce and request a waiver. I guess. I am not a lower. I just know people who got divorced and still approved for a GC.
Sec. 216.4 Joint petition to remove conditional basis of lawful permanent resident status for alien spouse.
(b) Interview -- (1) Authority to waive interview. The director of the regional service center shall review the Form I - 751 filed by the alien and the alien's spouse to determine whether to waive the interview required by the Act. If satisfied that the marriage was not for the purpose of evading the immigration laws, the regional service center director may waive the interview and approve the petition. If not so satisfied, then the regional service center director shall forward the petition to the district director having jurisdiction over the place of the alien's residence so that an interview of both the alien and the alien's spouse may be conducted. The director must either waive the requirement for an interview and adjudicate the petition or arrange for an interview within 90 days of the date on which the petition was properly filed.
(2) Location of interview. Unless waived, an interview on the Form I - 751 shall be conducted by an immigration examiner or other officer so designated by the district director at the district office, files control office or suboffice having jurisdiction over the residence of the joint petitioners.
(3) Termination of status for failure to appear for interview. If the conditional resident alien and/or the petitioning spouse fail to appear for an interview in connection with the joint petition required by section 216(c) of the Act, the alien's permanent residence status will be automatically terminated as of the second anniversary of the date on which the alien obtained permanent residence. The alien shall be provided with written notification of the termination and the reasons therefor, and a notice to appear shall be issued placing the alien under removal proceedings. The alien may seek review of the decision to terminate his or her status in such proceedings, but the burden shall be on the alien to establish compliance with the interview requirements. If the alien submits a written request that the interview be rescheduled or that the interview be waived, and the director determines that there is good cause for granting the request, the interview may be rescheduled or waived, as appropriate. If the interview is rescheduled at the request of the petitioners, the Service shall not be required to conduct the interview within the 90-day period following the filing of the petition. (Revised effective 4/1/97; 62 FR 10312)
ttmm002000
Registered Users (C)
If the I 485 is still pending, and haven't got conditional GC yet, what can I do?
I think you gonna have to apply for removal of condition and you should not wait for your interview. Because when they are going to send you a notice for an interview, they would expect both of you to show up. Even if you show up alone and provide them all the proofs of your marriage will not be sufficient since you have not file for the removal of condition petition, and they will tell you to file for the petition of removal of condition. Therefore, you should not waste your time for the interview call and file for the removal of condition. I would strongly recommened you to consult a good lawyer for this one.
Good Luck
Good Luck
Can I leave the country to visit my relatives?
My mom lives abroad and I want to pay a visit for Xmas.
Will I have problems with immigration on my way back?
I remember last year the immigration officer only asked me how I obtained my GC, I said thru my wife and he let me go.
This year I can't really say that, or should I? He wouldn't know I am divorced.
Thanks,
Frank
My mom lives abroad and I want to pay a visit for Xmas.
Will I have problems with immigration on my way back?
I remember last year the immigration officer only asked me how I obtained my GC, I said thru my wife and he let me go.
This year I can't really say that, or should I? He wouldn't know I am divorced.
Thanks,
Frank
Jane Green
Registered Users (C)
Frank,
Just because you got divorced doesn’t mean your GC is canceled and you can’t use it for travel back to US anymore.
And you don’t have to tell your life story to the POE officer, he only cares how you got it in the first place.
You obtained your GC through your (ex) wife and that’s the truth.
Your worries are unnecessary. Unless there is an expiration date on your conditional GC and it’s expires soon, you’ll be fine.
Just because you got divorced doesn’t mean your GC is canceled and you can’t use it for travel back to US anymore.
And you don’t have to tell your life story to the POE officer, he only cares how you got it in the first place.
You obtained your GC through your (ex) wife and that’s the truth.
Your worries are unnecessary. Unless there is an expiration date on your conditional GC and it’s expires soon, you’ll be fine.