permanent residence through marriage

F

Freddy442

New Member
Hi,



My ex-wife is a US Citizen,we got married in February 2011 in my country, I arrived in USA in January 2012 and we broke up in August 2012.And I am living in USA on the temporary residence.

My question is:

Will I have problems to apply for the permanent residence?Because my ex-wife told me that she is the one who is supposed to apply for me.Is it true?

Which documents do I need to protect my self?

Thanks
 
If it is the initial temporary green card you are looking to file for, forget it. Without her, you cannot file for permanent residency. She will have to petition you to start the process UNLESS you were abused by her and can document it with a preponderance of the evidence.

I advise you to try and reconcile with her if possible. The grass always seems greener on the other side until we attempt to chew it.

If however you already have the temporary green card and are ready to file for the unconditional 10 year green card, then you can file without her provided you can prove a bonafide marriage. You will need a waiver. The divorce will have to be final before you can do that.
 
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Thanks a lot for your quick answer,but I have already my temporary green card.
According to your response I can file my self for the 10 years green card without her approval.

My question is: which kind of documents they could ask me to show because I am no longer with her?
And is there any thing I should do right now?

Thanks again.
 
You will need a waiver. From what you are saying, your conditional green card will expire sometime in 2014 so you have a lot of time to get divorced and then file for the i-751 through a waiver. Gather evidence which will show that your relationship was bonafide.

All your answers can be found in this thread. Read it carefully.

http://forums.immigration.com/showthread.php?288214-I-751-waiver-(divorce)-thread

In conclusion with all matters pertaining to divorce, my first advice is exhaust all reasonable options to save the marriage.

Cheers!
 
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