avoiding deportation

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Old Feb 6th 2007, 11:15 pm
  #1  
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Default avoiding deportation

i need a little advice
i have applied for my ten year green card in july of last year ( im here on a k1 ) but heard nothing yet, but in the last few months my relationship has really gone bad i have split up with me american wife and she wants a divorce,
my question is
if she does divorce me is this automatic deportation? and if so is there anything i can do about it
any advice you can give will be helpful
thanks in advance dave f
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Old Feb 7th 2007, 12:24 am
  #2  
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Default Re: avoiding deportation

Originally Posted by dave f
i need a little advice
i have applied for my ten year green card in july of last year ( im here on a k1 ) but heard nothing yet, but in the last few months my relationship has really gone bad i have split up with me american wife and she wants a divorce,
my question is
if she does divorce me is this automatic deportation? and if so is there anything i can do about it
any advice you can give will be helpful
thanks in advance dave f
Need a little more info, Dave. When you say you applied for your 10-year GC last July, do you mean you filed an I-751 to remove the conditions? Or, did you get married and then wait a long time before filing the AOS paperwork, and by the time of your interview you had already been married 2 years? By the way, you're no longer here on your K1. That expired long ago when you married your wife.

You've heard absolutely nothing yet after filing the I-751? No biometrics appointment? No receipt? No 1-year extension letter? If that's the case, you should make an Infopass appointment to follow up. There is definitely paperwork you should have received since filing.

No, divorce does not mean automatic deportation. It means that once the divorce is final, if you still have not received the 10-year card, you need to refile the I-751 on your own, and show proof that the marriage was entered into in good faith.

Best Wishes,
Rene
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Old Feb 7th 2007, 12:25 am
  #3  
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Default Re: avoiding deportation

Originally Posted by dave f
i need a little advice
i have applied for my ten year green card in july of last year ( im here on a k1 ) but heard nothing yet, but in the last few months my relationship has really gone bad i have split up with me american wife and she wants a divorce,
my question is
if she does divorce me is this automatic deportation? and if so is there anything i can do about it
any advice you can give will be helpful
thanks in advance dave f
So you've already got your greencard then and just removing conditions? If that's the case, once the divorce is final you can get the conditions removed on your own....if you still haven't completed AOS, then your probably SOL...but speak to an immigration lawyer - www.ailalawyer.com
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Old Feb 7th 2007, 1:19 am
  #4  
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Default Re: avoiding deportation

Hi,
You need to provide more information... You are not on a K-1 anymore
if you married.

So you got married while on a K-1, you applied to adjust status? Did
you get a conditional greencard? Have you successfully adjusted
status?

If you get divorced before successfully adjusting status, you have not
grounds for adjustment of status. As well, both you and your wife have
to attend the AOS interview. Have you done that yet?

Provide more information about which steps you have completed, and we
may be able to offer you peace of mind. If you're applying for a 10
year greencard, it sounds like you already have a conditional green
card. A more informed voice will be able to tell you if you can lift
conditions after getting a divorce (if the marriage was entered in
good faith). But that's not something I know the answer to.

S.

On Feb 6, 7:15 pm, dave f <[email protected]> wrote:
> i need a little advice
> i have applied for my ten year green card in july of last year ( im here
> on a k1 ) but heard nothing yet, but in the last few months my
> relationship has really gone bad i have split up with me american wife
> and she wants a divorce,
> my question is
> if she does divorce me is this automatic deportation? and if so is there
> anything i can do about it
> any advice you can give will be helpful
> thanks in advance dave f
>
> --
> Posted viahttp://britishexpats.com
 
Old Feb 7th 2007, 1:24 am
  #5  
Austinman
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Default Re: avoiding deportation

"dave f" <[email protected]> wrote in message
news:[email protected] m...
>
> i need a little advice
> i have applied for my ten year green card in july of last year ( im here
> on a k1 ) but heard nothing yet, but in the last few months my
> relationship has really gone bad i have split up with me american wife
> and she wants a divorce,
> my question is
> if she does divorce me is this automatic deportation? and if so is there
> anything i can do about it
> any advice you can give will be helpful
> thanks in advance dave f

Dave,

If you are currently on a K1 visa, are you applying for a green card based
on marriage? If so then I suspect you are actually applying for a
conditional green card, which is valid for 2 years. The other scenario is
that you have held a conditional green card for 2 years and you are now
applying for removal of conditions which would then give you a 10 year green
card. Please clarify and we will try to help.

Regarding grammar. Please show some common courtesy and use basic
punctuation (Capital letters and full stops/periods as a minimum). If you
can't be bothered to do that, why should I bother to answer your questions.
Okay, I feel better now.
 
Old Feb 7th 2007, 1:31 pm
  #6  
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Default Re: avoiding deportation

Originally Posted by Noorah101
When you say you applied for your 10-year GC last July, do you mean you filed an I-751 to remove the conditions?
I'm guessing this is what he means... he applied for AOS in August 03.

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Old Feb 11th 2007, 5:14 am
  #7  
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Default Re: avoiding deportation

OK, we've heard both sides. Dave asked for immigration advice and got it. His wife has said her piece.

Closing this thread before it becomes a family fued online.

Rene
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