Issue with Conditional Green Card

U

usnycus

Registered Users (C)
Background: One of my friend got married to USC in 1999 and they applied for GC. She got her conditional GC sometime in 2000 and in 2002, she (along with her husband) submitted form I-751 to remove condition on her green card. Currently she is having problem with the marriage and looks like her husband filled for divorce.

She called USCIS in June and they told her that her case has been transferred to local office.

What is best course of action for her in the given situation? What do they do with the pending petition at local USCIS office? What are they going to ask in case an interview is scheduled?

Can anyone of you shed some light on the scenario.
 
The jointly filed case will fail if her husband has filed for a divorce. If the husband refuses to attend the interview, the I-751 will be cancelled for lack of prosecution (the petitioner's failure to attend the interview). If a divorce has been filed (or if all hope of reconcilliation has been lost) it is important to finalize the divorce as rapidly as possible so that another 751 can be filed based on a good faith marriage that ended in divorce. If there was any abuse or cruelty in the marriage she could file a 751 alone based on extreme cruelty.

BTW, she probably should get any paperwork reviewed by an immigration attorney before she signs it since I have seen people admit to marriage fraud in the divorce paperwork and spend $30K fighting the resulting deportation proceedings.
 
Last edited by a moderator:
Thanks for your prompt response.

Couple of more questions:

1) If her husband agrees to join her for interview at local USCIS center even after filling divorce papers, can she still attend & finish the process?

OR

It's totally out of question after filling divorce.

2) You said that she might need to refill I-751 after finishing divorce proceedings.

In that case, what happens to pending I-751 (filled in 2002)? How much time she gets to file second I-751 in case divorce proceeding gets stretched for some reason? Is she allowed to file second I-751 if previous one is still pending or denied? Are they (USCIS) going to order removal proceedings against her right after denying first I-751?

3) They are still married and it lasted for almost 5 years.

Is it enough to proof that marriage was in good faith and not just for GC? What other document/argument/proof you think she should include while presenting her case during the process to strengthen her point.
 
Hi USNYCUS,
I have read both the postings. I have a close friend is going through the same situation which your freind is going through.
My suggestion is that your friend should wait till she gets a letter from USCIS for the joint interview & on the interview date whether she is joined by her husband or no, she should disclose to USCIS that her divorce has been filed. USCIS officer get a letter signed by her saying that 'I am withdrawing my joint petition for I-751' & she should nto forget to write there that 'she will file an individual I-751 asking for the waiver to file a joint I-751'. Disclosing the divorce thing to USCIS will help.
Then if by that time still divorce is going on then she can file I-751 individually asking for the waiver to file a joint petition based on 'Exterme Hardship' option, which is off course very difficult to prove, unless she can prove to USCIS that if she has been removed from USA then she will face extreme hardship. This way she will get another waiting period (typically 1 & Half year if she is in NJ) till the time she has been called for the interview at USCIS & hopefully during that time if she gets the divorce then she can file another I-751 individually asking for the waiver to file for a joint petition under the option 'Entered into marriage in good faith but did not worked out'. I think that this could be the best strategy to follow at this time. Please advise her to collect & maintain all the proofs (like JOINT bank accounts, utility bills, phone bills ,car insurance bills, credit card bills, marriage pictures, honeymoon pictures, pictures of the vacation spend together in USA & outside etc.) upto date i.e. till the latest dates. This will help her in proving the good faith marriage.
As I said earlier, getting the green card on basis of 'Exterme Hardship' is very difficult to prove unless she has a baby out of this marriage born here. So she needs to get her divorce at the earliest even if she has to let go few things in the deal. Because that will help her in getting the green card. Off course no one can gurantee her the green card but certinly it helps if she can prove to USCIS that she enetred into the marriage in good faith. My friend & I I myslef had done a lot of research in this thing, and going through an attonrey to do this was very expensive option for us. So my friend is doing it by himslef & waiting to get the divorce yet.
All the best!
 
Jim/Sam_cnd

She came to know recently that divorce-case is not yet filled. Also, she got date for her interview. Her husband seems to willing to go for interview along with her. They are planning to attend the interview together without disclosing problems.

What do you guys think of above approach? Any thought?
 
usnycus said:
Jim/Sam_cnd

She came to know recently that divorce-case is not yet filled. Also, she got date for her interview. Her husband seems to willing to go for interview along with her. They are planning to attend the interview together without disclosing problems.

What do you guys think of above approach? Any thought?
Click to expand...

I would have them go to marriage counselling together and then be up front about the problems. Stress that the marriage was in good faith, that they are having some difficulties but that they are trying to work them out through counselling. Lying will not make anything better.
 
Similar case : Please advise

Background : I married a US citizen in good faith about a year ago and unfortunately things have not been working out. It appears that my spouse may not accompany me to the interview for which the date has been set. He has also threatened to file for divorce or separation again. (This is his second marriage: his first being of fairly short duration as well.) I am a professional and would like to resume my career, but I have been unable to find a job in the area and may have to move out of state to find a suitable job. What are my options and does anyone know of a competant lawyer who is familiar with the relevant laws in the state to Michigan.
Your advice is much appreciated.
 
Kindly post details regarding immigration?

What is the status of you petition? Is it (I-130/485) pending?
 
The I-130 /485 were filed in August 2004 for the adjustment of status (from H1-B) I have a work permit and a date to appear for the interview.
 
If you are still in good term with employer who did your H1, go back to H1 status.

Without her cooperation, your pending I-130/485 will most likely fail.

You can also self-petition under VAWA but it's not easy. Basically you need to proof that spouse is abusive and you entered marriage in good faith.

http://uscis.gov/graphics/howdoi/battered.htm

-----------------------------------------------------------------------
Following is taken from USCIS Memo:
-----------------------------------------------------------------------
An alien who claims to be eligible to file a self-petition although now divorced from her/his spouse must nevertheless fully satisfy all other eligibility requirements. S/he must demonstrate that s/he was the spouse of a USC or LPR, that s/he entered the marriage in good faith, that there was battering or extreme mental cruelty during the marriage, that at some point
s/he resided with the abuser, and that s/he is a person of good moral character.

Whether the legal termination of the marriage is connected to the battering or extreme mental cruelty is a matter of evidentiary proof. That proof must demonstrate that the abuse occurred during the marriage, that the abuser was a USC or LPR when the abuse occurred, and that the legal termination of the marriage occurred within the two-year period immediately
preceding the filing of the self-petition. The evidence submitted to meet the core eligibility requirements may be sufficient to demonstrate a connection between the divorce and the battering or extreme mental cruelty. While a copy of the self-petitioner’s final divorce decree (with date issued) shall be required in every case where divorce is an issue, the Service will not
require that the divorce decree specifically state that the termination of the marriage was due to domestic violence.

http://uscis.gov/graphics/lawsregs/handbook/VAWADv_pub.pdf

-----------------------------------------------------------------------
 
Response much appreciated.
Any referrals of a good lawyer familiar with these laws to help me out? I was married in the state of Michigan.
 
You must log in or register to reply here.
Top