Need help regarding my conditional GC

G

germangirl

New Member
First of all;
Hi everyone, and thank you soo much for having this awesome place, for people in need to find help and advise!
I've been reading almost every thread and found a lot of helpful information but am hoping that maybe someone can give me some more specific advise regarding my situation...any help is deeply appreciated!

Alright, here I go;

I met my USC husband in 2004, We had a child in June 2005, got married in February 2007 (we wanted a big wedding but could never afford it - so finally we just went to the County office when we where advised to "just get it done").
I got my conditional GC in February 2007 as well and it will "expire" February 2009.

Now since then a lot of things have changed, my husband decided to leave me and the baby, circa 6 months after we got married - I tried to fix things for a while, he finally made me move out of OUR apartment (so his new GF had a place to stay) in Nov '07.
We have been "separated" since and are NOT on good terms at all, he will not cooperate when my 2 year GC anniversary comes up.
He told me he wants a divorce, but can't afford it so we're still "legally" married. I want a divorce, have the mends to pay for it, but am not sure how it will affect my status.

So I guess the question I have is, I know for 100% that he will not participate in anything to do with my immigration, so I'm wondering should I wait to divorce him until Feb '09 or would it be better to get it over with now?

Thanks in advance for your help!

Best Regards & have a wonderful Day
 
Hey, I am in the same situation kinda. My conditional card expires in Feb of 2009. Don't stress yourself out. You can file on your own. Good thing is you even have a child together, that is even better for you. If I were you, knowing he won't cooperate, I would go ahead and get the divorce over and done with if you truly know you are done. You need ure divorce decree to be able to file on your own.

Don't worry, as long as the marriage was genuine, you got nothing to fear. You are not alone.

All the best, things will work out.
 
germangirl said:
bljinadu,

thank you sooo much for your reply!! I already feel a little bit better!!!!
Click to expand...

Gather evidence of time, life together. Phone bills, power bills, cell phone bills, apartment leases, pictures, cable bills, credit card bills, car loans, pretty much anything you can. This will make it easy to remove conditions!
 
Hello everyone,
I just found this web-site, I went through a lot of subjects in this website. I appriciate for your helps to everyone, God bless you.
I have a question, I'm getting married next week with my girlfriend, I'm on my F-1 status, also working with unauthorized social security card.
How bad my situation is? I hope that unauthorized employment won't affect my process getting a GC, I'd like to ask you guys, when should I apply petition forms and all those works? do I need to discuss with a lawyer? And if anyone used an unauthorized social security card, what did you do when the filing tax time came in april?
I appriciate, I hope you'll answer my questions
Thanks a lot in advance
 
sotokin.leha said:
Hello everyone,
I just found this web-site, I went through a lot of subjects in this website. I appriciate for your helps to everyone, God bless you.
I have a question, I'm getting married next week with my girlfriend, I'm on my F-1 status, also working with unauthorized social security card.
How bad my situation is? I hope that unauthorized employment won't affect my process getting a GC, I'd like to ask you guys, when should I apply petition forms and all those works? do I need to discuss with a lawyer? And if anyone used an unauthorized social security card, what did you do when the filing tax time came in april?
I appriciate, I hope you'll answer my questions
Thanks a lot in advance
Click to expand...

Was it a fake card and number? Or was it your number on a fake card? if your girlfriend is a US citizen, unauthorized employment will be forgivin after you are married. If you used someone elses SS#, I would seek advice from an attorney, Don't do this alone, they may drill you about this at the interview! However, I don't think it will be a problem though, I know many people who have done worse who are now US citizens and LPR!

Here is my friend Andy's, and attorney's, link below. He will answer some of your questions over the phone and let you know what he thinks.

http://www.immigrationgroup.us/
 
Last edited by a moderator:
trialanderror83 said:
Was it a fake card and number? Or was it your number on a fake card? if your girlfriend is a US citizen, unauthorized employment will be forgivin after you are married.
Click to expand...

Really? I thought only overstaying your authorized period of stay (unlawfully present in the US, accuring illegal presence) was forgiven, not unauthorized employment. But I could be wrong...
 
Overstays and illegal employment are forgiven when you file for AOS through marriage to an USC... BUT this is only for immigration purposes.

Tax evasion, identity theft or fraud are NOT forgiven and you could be held responsible for these and other crimes.
 
trialanderror83 said:
Was it a fake card and number? Or was it your number on a fake card? if your girlfriend is a US citizen, unauthorized employment will be forgivin after you are married. If you used someone elses SS#, I would seek advice from an attorney, Don't do this alone, they may drill you about this at the interview! However, I don't think it will be a problem though, I know many people who have done worse who are now US citizens and LPR!

Here is my friend Andy's, and attorney's, link below. He will answer some of your questions over the phone and let you know what he thinks.

http://www.immigrationgroup.us/
Click to expand...

Thank you so much for your answer, I feel way better, but no it's my SSN, i got it through on campus job, and have been workin all this summer w/ it
when should i start doing our petition files?
thank you so much
 
sotokin.leha said:
Thank you so much for your answer, I feel way better, but no it's my SSN, i got it through on campus job, and have been workin all this summer w/ it
when should i start doing our petition files?
thank you so much
Click to expand...

You will be fine if it's your number, just make sure you file your tax returns. Seek an attorney though! File the petition the day after you get married
 
TNguy78 said:
Really? I thought only overstaying your authorized period of stay (unlawfully present in the US, accuring illegal presence) was forgiven, not unauthorized employment. But I could be wrong...
Click to expand...

Well I worked for 8 years without permission with my SS#! I even brought an employment letter to USCIS AOS interview that said I had been employed their since 2001. They are not interested in unauthorized employment when married to US citizen. F-1 to LPR.

Married to US Citizen November 11, 2006.
Re-date for I-485, I-130, I-765, 12-11-06
NOA- I-485, I-130, I-765- 12-14
RFE I-485- 12-26
Biometrics(code 3)- done 01-29-07
RFE Received- 02-07-07
LUD I-765 - 02-23-07
Lud I-765 - 02-27-06 APPROVED!
ND- Interview(Tampa), 02-16-07
Interview Date - 03-20-07
LUD- I-485, I-130, 03-01-07
Interview- 03-20-07-APPROVED!!!
LUD I-130 Approved 03-20-07!!!
LUD I-485 Welcome notice sent, Card production ordered 03-23-07
LUD- Welcome notice received 03-27-07
LUD- I485 Approval notice mailed 03-28-07!!!
03-30-07 GC received!
106 days in all.
 
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trialanderror83 said:
Well I worked for 8 years without permission with my SS#! I even brought an employment letter to USCIS AOS interview that said I had been employed their since 2001. They are not interested in unauthorized employment when married to US citizen. F-1 to LPR.
Click to expand...

Well, I stand corrected. :o

Thanks for the information.
 
PraetorianXI said:
The unauthorized employment is pardoned when AOS-ing through marriage to an USC. But you better NOT hide the fact you did work illegally, stop as soon as you file for AOS and pay your taxes!
Click to expand...

Praetorian, I never stoped working, I even took off work the day for the interview, then went back the following day. I am still at my job, paramedic!

In fact USCIS never asked where I worked. Like my lawyer said the last thing USCIS wants to do is start trouble at my work and cause unemployment! They know where I work, they have my employment letter, they could care less.

USCIS is only interested in your tax payments.

Here is the proof below!

Married to US Citizen November 11, 2006.
Re-date for I-485, I-130, I-765, 12-11-06
NOA- I-485, I-130, I-765- 12-14
RFE I-485- 12-26
Biometrics(code 3)- done 01-29-07
RFE Received- 02-07-07
LUD I-765 - 02-23-07
Lud I-765 - 02-27-06 APPROVED!
ND- Interview(Tampa), 02-16-07
Interview Date - 03-20-07
LUD- I-485, I-130, 03-01-07
Interview- 03-20-07-APPROVED!!!
LUD I-130 Approved 03-20-07!!!
LUD I-485 Welcome notice sent, Card production ordered 03-23-07
LUD- Welcome notice received 03-27-07
LUD- I485 Approval notice mailed 03-28-07!!!
03-30-07 GC received!
106 days in all.
 
Last edited by a moderator:
It appears peope are saying gather as much information as possible about your marriage and file for a divorce. Most importantly research a good lawyer and make them help you out.

February is fast approaching, so you want your divorce done fast. So find out what the rules in your state are like. Thats where a good lawyer comes in.

Hope this helps.. be strong.


germangirl said:
First of all;
Hi everyone, and thank you soo much for having this awesome place, for people in need to find help and advise!
I've been reading almost every thread and found a lot of helpful information but am hoping that maybe someone can give me some more specific advise regarding my situation...any help is deeply appreciated!

Alright, here I go;

I met my USC husband in 2004, We had a child in June 2005, got married in February 2007 (we wanted a big wedding but could never afford it - so finally we just went to the County office when we where advised to "just get it done").
I got my conditional GC in February 2007 as well and it will "expire" February 2009.

Now since then a lot of things have changed, my husband decided to leave me and the baby, circa 6 months after we got married - I tried to fix things for a while, he finally made me move out of OUR apartment (so his new GF had a place to stay) in Nov '07.
We have been "separated" since and are NOT on good terms at all, he will not cooperate when my 2 year GC anniversary comes up.
He told me he wants a divorce, but can't afford it so we're still "legally" married. I want a divorce, have the mends to pay for it, but am not sure how it will affect my status.

So I guess the question I have is, I know for 100% that he will not participate in anything to do with my immigration, so I'm wondering should I wait to divorce him until Feb '09 or would it be better to get it over with now?

Thanks in advance for your help!

Best Regards & have a wonderful Day
Click to expand...
 
OK, I was under the impression that at the time of interview if your married to an USC then its her tax records that needs to be produced not the person who is applying for the AOS ? unless you show your income part of the Affidavit of Support, am I correct?
 
You are correct. However nothing is stopping the AOS adjudicator from wanting to see the beneficiary's tax returns.

beemer8 said:
OK, I was under the impression that at the time of interview if your married to an USC then its her tax records that needs to be produced not the person who is applying for the AOS ? unless you show your income part of the Affidavit of Support, am I correct?
Click to expand...
 
trialanderror83 said:
Was that in referance to my posts?
Click to expand...

No dear. I am referring that germangirl started this thread about a conditional gc issue...and another person, sotokin, started his/hers within german's post instead to start a brand new one of his/her own since is a different subject.

Mine phrase was only a remark.
 
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