Just got divorced

diavon

Registered Users (C)
Ok here is the situation:

I met her - 7/19/1998
Got married - 8/10/2001
Conditional GC approved - 2/12/2003
Officially Divorced - 1/5/2005
Conditional GC expires - 2/11/2005

What now?

1.) I know I can file an I-751 petition based on good faith marriage. I have plenty of proof (heck... I still have the cards filled with sweet nothings we wrote to each other when dating, ticket stubs of the first movie :( ). But is there anything else I need to know?

2.) In the meanwhile (i.e. during the pendancy of the I-751 petition), what do I do? Do I need to get an extension of the current GC? How?

3.) I plan on prosecuting the I-751 myself. I prosecuted the original GC petition myself also. I am a law student (but dont really know much about immigration law). Do you think I would still be better off going through an attorney. Does anyone know how much a lawyer would charge for something like this in California?

I am already so sad about the divorce. I've given more than 6 years of my life to this woman. And now I need to prove to someone that I was'nt faking it. :( Argh... when will this end?? :mad:
 
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lawyer fees

They charge under and close to a $1000 dollars. If u have the money please use the services of an immigration Attorney.

Also, I was under the impression that the conditional GC expires on the 2nd anniversary of your wedding date. Isn't that true?.

Baig
 
Also, I was under the impression that the conditional GC expires on the 2nd anniversary of your wedding date. Isn't that true?.



No, it expires 2 years after it was issued.
 
Jesus man. You just gave me a heart attack. No its the second anniversary of issuance of conditional GC.

How do I get a temporary extension of my current GC?
 
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diavon

diavon,

I was thinking if it was the second anniversary of your wedding, it would have been better for you. Because by now you would have removed the conditions.

I have applied for family based I-485 in san jose 8 months ago and I also filed for emloyment based I-485 in CSC 6 months ago.

I am hoping I get the employment based GC first.

Baig
 
LucyMO said:
when you file I-751, USCIS will extend your GC status for a year.
LucyMO, after you get the 1 year ext (through I-751) what follows next after the extension expires. Do u apply for citizenship? What if I dont want US citizenship? Apply for another green card again? Thanks a lot in advance
 
you are provided with that extension so that BCIS can make a decision whether to remove your conditions or not. If they are removed you will get a permanent 10-year GC. You can remain GC holder indefinitely.
 
for NBC_June04

NBC_June04 said:
after you get the 1 year ext (through I-751) what follows next after the extension expires. Do u apply for citizenship? What if I dont want US citizenship? Apply for another green card again? Thanks a lot in advance


Within the 90-day period before your second anniversary as a conditional resident you may file the Form I-751 (Petition to Remove the Conditions on Residence) to get your new unconditional GC valid for 10 years.

You are eligible for US citizenship after 3 years since the issue date of your GC (conditional or unconditional).
Citizenship is the privilege, but not a requirement.
If you do not wish to apply for US citizenship then all you have to do is renew your Green Card every 10 years. You may submit Form I-90 (Application to Replace Permanent Resident Card) up to six months prior to the expiration date on your Green Card.

Hope this answers your question.
 
LucyMO said:
you are provided with that extension so that BCIS can make a decision whether to remove your conditions or not. If they are removed you will get a permanent 10-year GC. You can remain GC holder indefinitely.
My question is what would happen if the USCIS decides not to remove the condition.

Can he apply non-immigrant visa again? (I assume not.)

Does he have to leave the U.S.? Is it called "getting deported"? (I assume yes.)

Then, would he be banned to enter the U.S. for a long time?
 
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