I-751 filed

[ssmjay]

This is a question for a friend of mine:

My friend married a US citizen 3 years ago. She got her conditional GC about two years ago and just filed I-751 one month ago. The marriage wasn't a happy one and she has been hanging on to it for the sake of her GC. But it's now getting to a point that she (and her husband) are ready for a divorce. My friend has been working for a big company for two years and the company is willing to sponsor her for GC application. She wants to know is she still going to get her permanent GC through the marriage after the divorce. Or she will have to go through the company as a H-1 and then apply for GC again.

Thanks in advance for your advices.

 

[bunnybugs]

Ok if I-751 is applied she should get a permanent GC within 1 year worst case scenario.

Usually if I-751 is filled properly with enough documents an interview is not required and she would get the GC.

She should continue to work and if want to work on her divorce. As of now she is already a conditional GC so she has no issues.

In case she gets her divorce done before she gets her permanent GC she can always provide evidence if asked by USCIS or take evidence of extreme hardship when married to the interview in case required and she should be fine.

If the guy tries to blow up her GC he cannot as he could be at fault with the law. (she can always claim hardship)
She needs to make sure she keeps checking postal mails to make sure if she is getting divorced the guy does not try to throw USCIS papers in trash.

If she seprates and lives somewhere else while divorce is in process she should file AR - 11 and also call customer service to update her address. this way all communication comes to her new address. Avoid changing states as could cause the file to be moved between service centers and its a hassle then.

I do not see any issue or anything to worry.

Seek help from immigration advocacy services which is at a very nominal fee as its non profit for any legal help if desired in her I-751 situation.