Have the 2 yr GC, but will divorce, what (and in which order) should I do?

S

schwed

Registered Users (C)
I entered the US on a L1-B visa Apr 2006, and moved in with my fiancee (USC) in California. Technically, the residence belongs to her Grandmother whom has shared her home with us these years. We met in Europe and she spent considerable time there with me before I moved to the US. We married Dec 2006, and I didn't bother with GC right away since my L1B would be valid until 2009. I started the GC process the summer of 08, and I got my GC Feb 2009. My GC expires Feb 2011. During all this time I have worked (legally) here in the US, and provided for both of us.

However, during the last year or so, our marriage has gone downhill to the point where we now have come to a mutual understanding that we can't live together anymore as husband and wife without constant arguing/fights. The upside is that we still care for each other and wish each other well, she is also willing to assist me during this process if need be, for example perhaps she can vouch for that the marriage was entered in good faith.

How should I go about things now? And in which order should I do it?

Thanks.
 
When was your GC interview? If it was on or after your 2-year wedding anniversary, you should have received a 10-year unconditional card, not a 2-year conditional card. If that is the case, you might be able to get a 10-year card soon on the basis that you were supposed to get a 10-year card and the 2-year card is a mistake. Then once you get that 10-year card you don't have to worry about the marriage affecting it.
 
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The interview was this year so, yeah, it was after our 2 yr anniversary. What could have been the reason for not giving me a 10 yr one?
 
Well... I just had an info pass appointment and was told the reason for my 2 yr conditional GC was that the application was filed before the date of the 2 yr wedding anniversary, and it isn't based on the actual interview date.
I was also told not to do anything until 3 months before expiration, and at that time I should file the 751 form.

Does the above information sound correct?

Does this mean I can go about getting divorced (we are separated now but not technically divorced) and just make sure I collect paperwork and proof of a shared houshold for the years we were married?
 
Please guys... does this sound like I got the correct information from USCIS??

Thanks!
 
Wow... I am really confused right now. I talked to a lawyer and set up an appointment to get this straightened out (over the phone, the lawyer assistant commented on how she also found this to be strange). Anything else I can do at this time?

Thanks for your input!
 
You should have applied for a renewal GC (or removal of conditions to be technically correct) 3 months prior to the 2nd anniversary of your GC (or 3 months prior to the GC expiration date). If this contition was met and your conditions were removed, then you would have got an unconditional GC which is valid for 10 years.

Did you meet the above conditions when you filed for removal of conditions?
 
tigerclaws, I think you misunderstood. When I first applied for a GC, I had been married for about 1½ years. When I had the interview, I was 3 months past my 2 year marriage anniversary - this was Feb 09. I am thus nowhere near my 2 year GC "anniversary".

I spoke to a lawyer, and he suggests filing an I-90 to correct the status of the GC to get it changed from a 2 yr conditional to a 10 year unconditional GC, by selecting option d) - which basically states that USCIS issued a card with incorrect data.

Anything I should think of before filing, or is this pretty much a straight shot?

Thanks!
 
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schwed said:
I spoke to a lawyer, and he suggests filing an I-90 to correct the status of the GC to get it changed from a 2 yr conditional to a 10 year unconditional GC, by selecting option d) - which basically states that USCIS issued a card with incorrect data.

Anything I should think of before filing, or is this pretty much a straight shot?

Thanks!
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This is inconceivable that a lawyer would tell you to do this. It would be a cheat of the system and would most certainly be rejected by USCIS. You cannot file for a correction on something that is correct!

It is your fault that you didn't begin the GC process once you were married. The instructions for filing an I-751 clearly state that you MUST file: during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires.

Notice there was nothing there about the date of you marriage, and your L1-B visa does not apply as "conditional residence", and since the application date on your conditional greencard is before your 2 year wedding anniversary you received the proper documents. If you spoke directly to USCIS and they told you this information why do you think they are wrong and why would you take anybody's advice on this matter(including mine or a lawyers) over what was told to you?

If you plan on getting divorced before applying AND interviewing(biometrics) for your 10 year greencard then you may file the I-751 without the joint filing requirment based on: You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment.

What chances you have via this method are questionable.

If you can manage to stay married until 2011 when you will be eligible to file for the 10 year GC, pass the interview and biometrics, you will be allowed to remain in this country legally.

If you divorce before your 2yr GC expires and you do not file an I-751 based on the waiver from joint filing, you will be in this country illegally and be subject to deportation. If you remain married and you tell the person doing your interview that you are separated, or if he/she suspects it, your GC will be denied and you will be subject to the same conditions.

So I advise you talk to your husband and decide very carefully on what you should do next and what he would be willing to do for you, should you have any desire to remain in this country.
 
Defbond said:
This is inconceivable that a lawyer would tell you to do this. It would be a cheat of the system and would most certainly be rejected by USCIS. You cannot file for a correction on something that is correct!
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The card is not correct. Schwed was already married 2 years at the time of the interview, so the original GC should have been a 10-year card, no I-751 involved.

Either schwed can file I-90 now to get a corrected card with 10 years (with a letter explaining the situation, including a copy of the marriage certificate), or wait another year and some months and then file I-751.
 
schwed said:
I spoke to a lawyer, and he suggests filing an I-90 to correct the status of the GC to get it changed from a 2 yr conditional to a 10 year unconditional GC, by selecting option d) - which basically states that USCIS issued a card with incorrect data.
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Make sure to e-file the I-90, if e-filing allows for option (d). Because with e-filing you'll immediately get a receipt online that you can print and take it to Infopass to get your passport stamped.
 
Defbond said:
This is inconceivable that a lawyer would tell you to do this. It would be a cheat of the system and would most certainly be rejected by USCIS. You cannot file for a correction on something that is correct!

It is your fault that you didn't begin the GC process once you were married. The instructions for filing an I-751 clearly state that you MUST file: during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires.

.
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My favorite post of the day....:D How is the OP at fault for not filing after getting married? :confused: In addition, how is he at fault for not filing for removal of conditions on a greencard which doesn't exist? :rolleyes: I am floored by the genius behind Defbond...:p
 
Thanks for all the help guys! It seems there is a lot of confusion about what has happened so far so here's the timeline - maybe this will clear things out:
(oh btw, I am the husband!)

Dec. 2004 - I first meet my future wife
Sept. 2005 - We get engaged
March 2006 - I move the US, L1-B visa status (valid until Feb 2009)
Dec. 2006 - We get married
Aug. 2008 - I apply for GC
Dec. 2008 - Our 2 year marriage anniversary
Feb. 2009 - I have GC interview and I am issued a 2yr conditional GC
Aug. 2009 - We decide to separate
Aug. 2009 - I receive the incorrect information during Info Pass that the GC condition is listed because of the time when filed, not when granted.
Sept. 2009 - I meet with my lawyer who show me in the Kurzban's that the GC shall be issued with a 2 yr conditional status unless the GC is granted after the 2 year marriage anniversary.

I will shortly file I-90 and let you guys know what happens!
 
Defbond said:
This is inconceivable that a lawyer would tell you to do this. It would be a cheat of the system and would most certainly be rejected by USCIS. You cannot file for a correction on something that is correct!

It is your fault that you didn't begin the GC process once you were married.

You don’t need to file for green card if you married to US citizen. It is only if you want to stay in US.
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I am not sure if its cheating the system. The laws are in place and a law is a law for the immigrant as well as the USCIS, so I am quite sure if he goes through a proper legal procedure he would get his permanent green card.Maybe the Interviewing officer had a bad day or the green card issuer who knows but its simple green card after two years of marriage should be permanent period.
If they can have a name spelled wrong and one can fix it, why not the expiry date ?. My $0.02.
 
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