Regarding Divorce

T

The.Walker

Guest
Hi all.

My cousin got married to an American girl back in summer of 07 while he was in college. They have a kid and he's got a conditional green card. A problem has arisen between the two and divorce seems to be an ultimate way out.

How long do they need to be married for so that his GC won't be revoked? In other words, how long is the conditional marriage valid for? Also, I believe normally he'd be able to apply for Naturalization 3 years after getting married but should they get divorced, will it affect the time period?
 
How long do they need to be married for so that his GC won't be revoked? In other words, how long is the conditional marriage valid for?
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is there such a thing as a conditional marriage?

Also, I believe normally he'd be able to apply for Naturalization 3 years after getting married but should they get divorced, will it affect the time period?
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he cannot apply for citizenship after 3 years after GETTING a GC (note: not 3 years after getting married) unless on both the day of application and the day of interview and oath he has been married to a USC for 3 years and is still married to a USC and LIVING TOGETHER with the same USC.
 
The conditional greencard will be valid for 2 years. 90 days before the 2 years is up (not years since the marriage was entered into...but 2 years after the greencard was issued- the date of this will be on the greencard) your cousin will have to file to remove the conditions of his green card. This can be done even if he is divorced provided he can prove that the marriage that the green card is based upon was entered into in good faith (ie, a bona fide marriage...not a marriage for immigration purposes). If your cousin does not get divorced, then 3 years after the first greencard was issued from, your cousin will be eligible to apply for citizenship (NOT 3 years after the marriage was entered into). If he is no longer married after 3 years, then it will have to be after 5 years after the initial greencard was issued.
 
Thanks a lot for the information folks.

Elucupacabras,

It's been over a year and 2 months since his GC has been issued , over 1.5 years since he got married to her. What if they were to get divorced over the next 2-3 months.

This is indeed a true marriage. ( Love one indeed ). My cousin gave it all to get married. He comes from one of the richest families back home. He ignored his parents and what not. Just a couple weeks ago, he found her affair w/ another guy and upon confrontation, she confessed that she doesn't love him anymore. Everyone is shocked (including her entire family). Oh well. What's done is done.

I hope you can answer my question. Thank you.
 
With the sound of things, then hopefully he should be able to remove the conditions of his conditional greencard on his own. The waiver to remove the conditions should be filed either as soon as the divorce decree is in hand, or 90 days before the expiration of the 2 year greencard.....which ever comes first.

As jackolantern has stated, talk to a lawyer.

Heres a forum also designed specifically for such issues, so you can read other people's experiences.
http://www.visajourney.com/forums/i...=Z-A&sort_key=last_post&topicfilter=all&st=15

Just remember, regarding citizenship, if he is no longer married then he will have to bee a greencard holder for 5 years (less 90 days) before he is eligible to file, not 3 years.
 
Someone posted all the documents he attached with his I-751 waiver application. Check the list out at the following thread.

ImmigrationPortal Forums > Immigrant Visas (Green Cards) > Family Based Green Cards - Through Marriage or a Relative
I-751 Waiver APPROVED!
 
Thats for your replies folks.

My cousin told me yesterday that he found some related information on USCIS about removing conditional GC status, should divorce be finalized. All they need to do was show utility bills, rents, assets owned etc.

They had their child and after that they got married. They also bought a home after both graduated from college and almost the entire college community is well aware about it ( both go to a small private college ). Then there's lots of friends and families who can verify that the marriage is truthful. My cousin's trying to make it work and really trying to convince that his future isn't really that dampened ( his parents will all be glad for sure ) while she isn't certain about her own future. I'm hoping that they will work it out, somehow but I was a little worried about my cousin. That's all.


Thanks once again.
 
Hi.

A new situation has arisen between the two and I wish to ask another question.

It's been over 18 months that the two got married and exactly a year since my cousin received his conditional Green Card.

It seems like the two will be separated within the next couple days or so and might actually get divorced.

Their marriage was true and everything including the house they own, utility bills, their child and college officials, friends and family members can verify that it wasn't fake. Will he be stripped off his GC is they got divorced now? He's worried because he wants to see his daughter on a regular basis.

Hope someone will enlighten me on this scenario.
 
So if they end up getting divorced, can he file for it right away or does he have to wait until 90 days prior to his card expires?
 
Are you reading? and second your "cousin" should know by himself how to do all this at the end is his life if he wants to continue working and living here in the legal way.

He needs to be collecting all previous bills, mortgage papers, etc that they have in both names, credit card and bank statements in both names, tax returns stating joint filing, etc you can include affidavits from US citizens friends, etc.

When he gets the divorce decree in hand then he should apply to remove the conditions on his green card, he must checked (in the I-751 form) for divorce and attach (COPIES) of all his evidence that his marriage was entered in good faith as has been explained in the previous link above. Remember that they have assets and a child that can make a divorce proceedings go longer.

To see his daughter in a regular basis depends more on the divorce and child custody agreement than in his immigration status. He is not going to be stripped out of anything...I still don't get why so much worry about it after all that has been explained.

First is first, he needs to get the divorce decree and after that, then apply for I-751 with all the evidence.
 
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