Divorce after Perm Resident.

M

marine

Registered Users (C)
How long must someone wait after becoming a perm resident before they can divorce? Conditions have recently been lifted…Interview was 2 weeks ago….Perm GC is supposed to be in the mail. (Does this take another year to get in the mail?) The Prem GC will be back dated to Jan 01. So the 3 years should be over…. Should this person wait until the Naturalization process is complete in total before divorcing?

Marine
 
i may be wrong, but i believe it depends on how one obtained one's perm resident status. if it was through marriage then the rules are different. If the perm res status was obtained through employment there is no need to wait and suffer the agony of a failed marriage.
Sanjay
 
No issue, unless planning to apply for citizenship. All records including I-140/I-485 filing are reviewed at that time. Someone might get suspicious. I would. Personally, I would also be inclined to NOT make a noise about it... but will USCIS?

How does one prove good faith? More importantly, who has the burden of proof: the applicant or USCIS?

Short answer: Ask a lawyer.
 
Great points all....

Especially niladri30....
Proof of Good Faith? Is'nt that just total subjectivity? I seems any type of proof you could provide could be fraudulantly created if needed....so "real" proof seems to be extremely de-valued.


Conditions were lifted through marriage. It has been little over 3 years since the wedding.

But I think you guys would advise waiting until the citizenship is aquired since the 3 years are done and the 5 years would be required if divorce occured. Also....after citizenship, wait a few more months(?) then think about divorcing to avoid looking guilty.

Thank all.... Any advice would be greatly appreciated.

The divorce is going to happen....its just the "good Faith" issue....The Marraige was in good faith....but the proving that is extremely tough.
 
I'm going through divorce; marriage was in Aug 1998 (in good faith), application approved Jan 1999, conditions removed successfully as of Jan 2003 and sadly marriage failed summer 2004. Your divorce should have no bearing whatsoever on your resident status, provided you don't become a "public charge". I have no intention of becoming a citizen just yet, so perhaps my situation is a little different; but as the conditions have been removed successfully, there should be no bearing on your residency.

Edit: I'm curious as to why "good faith" would be so difficult to prove? Proof of this is required not only for the initial application, but sometimes to have conditional status removed too...it implies (to me) that only if your spouse then decides to complain, would it be an issue..and in that case, surely the burden of proof is on him to prove the marriage *wasn't* in good faith?
 
Game theory/ prisoner's dilemma :)

if ur marriage is on the rocks dont wait for n400 which could be another 2-3yrs & u could be risking fraud by seeking spousal benefit in n400 if the marriage is really over & eg if u r now separated & not filing jointly.

divorce stats r on ur side but try to document as much of the 'good faith' & reasonable grounds for divorce. eg if spouse committed adultery & admits to it in the divorce proceedings [one of the only few valid grounds in nj] or other stuff that's along the lines of extreme cruelty .. u've done ur diligence to CYA.

just some commensensical precautions ... i'd still urge u to part on good terms cuz the disgruntled spouse can always go to ins w/ made up allegations though they should realize they also risk being party to the alleged fraud.

Useful to think of it in terms of game theory/ prisoner's dilemma :)
 
MissT,

The concern is not who will win. The concern is the potential hassle. And, believe you me, there is potential.
 
Point understood.

Perhaps I'm just a little more resigned to what is an obvious point, to me...it's always going to be a hassle to some degree, when dealing with either divorce OR immigration; when you combine the two, it's guaranteed strife.
 
wow.... 2 to 3 years before the N400 is approved after Perm GC is issused....Wow! They must have one guys making these cards for the entire country. That's insane...

No more interviews right? Although the Marriage was in good faith, the Interview for lifting the conditions was terrible.
 
Dear marine:

curious about ur i-751 interview experience [u can email me privately if u prefer] since it's rare to be invited for i-751 interview [<5% of cases] ... they must have really like u:) just wondering what may've caught their attention - intercultural marriage/ no kids/ age diff? not that ur personal choices should be any of INS' business ... we do live in a free county right?

wonder if u could seek legal recourse re abusive interviews after getting naturalized?
 
More?

I don't mind speking in the open....since this entire is issue is not mine...I am just helping a less-computer literate person than I.

Anyway....I did not know that 2 interviews were uncommon. Once when filling and again to lift restrictions.

In this case....It may have been that both people are University Professors, and they have two residences jointly....but live separate....They work for two different universities. Oh...there is like a 15 year age difference, and they live in different cities...

So...that's probably the reason.

from what I hear....the interview included some extremely personal questions. Maybe the interviewers are looking for a shock factor to trip up people trying to sneak by with fake marriages? Who knows.

Can anyone guide me to some accurate processing times for the N400 in San Antonio, Texas? Is this a 2 year deal?

I have helped my friends through this issue for sometime...but I am hoping its over soon, since I am headed for Iraq (yes, I am a Marine) soon.

Hope you have a great day.

Marine
 
Last edited by a moderator:
JoeF said:
Did you ever watch the movie "Greencard"? (http://www.imdb.com/title/tt0099699/)
It is of course not reality, but the interview scenes give you a good idea of the questions they are likely to ask.
Click to expand...

From the plot outline:

"George Faure is a Frenchman who has been offered a job in the U.S. But in order to get the job he must obtain a work permit - green card, and the easiest way is to marry an America."

Hmmm... GC is easier than an H1? Or didn't they have visas back in 1990 when the movie was made? :)
 
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