Conditional Green Card Holder, Divorcing
 

Hello everyone,

A friend of mine is getting a divorce and he has a conditional 2-year green card. He got his green card in September of last year (2012). He wants to stay in the United States for at least a couple of years, which means applying to take the condition off his green card.

It sounds like his wife will be starting the paperwork anytime, so he believes the divorce may be finalized as soon as December, but it's hard to say an exact date right now.

What steps should he take from here in order to take the condition off his green card?

Thanks in advance,
Huacheetah

Re: Conditional Green Card Holder, Divorcing
 

He should file an I-751 with waiver, retaining an immigration attorney experienced in this process to help him prepare his strongest case. He does not need to, and should not, wait until the 90 day period before his 2 year anniversary.

Re: Conditional Green Card Holder, Divorcing
 

Right now, he should be gathering proof that he entered into the marriage in good faith. Civilservant is right - once the divorce is final, he should immediately submit the I-751 waiver. He does not need to wait until 90 days before his green card expires. He will likely be called for an interview - this is normal with I-751 waivers.

Ian

Re: Conditional Green Card Holder, Divorcing
 

If he only wants to stay in the USA another couple of years, it might not be worth the hassle of doing an I-751 with waiver. He could just go home on the day his current 2-year green card expires (should be September 2014).

Rene

Re: Conditional Green Card Holder, Divorcing
 

Being pedantic, to remove the conditions on, and maintain, his PR status. The green card is simply an ID card that reflects his status.

What cs and Ian wrote.

Regards, JEff

Re: Conditional Green Card Holder, Divorcing
 

That and a copy of all his immigration paper work so far making sure it is placed in a safe place where should things get vindictive silly things don't happen.

Re: Conditional Green Card Holder, Divorcing
 

Separate safes is a good solution in this scenario it seems :)

Re: Conditional Green Card Holder, Divorcing
 

Thanks so much you guys! You are so helpful! It's not easy to be in the situation he's in, and I just want to help him as best I can. I really appreciate it!

Re: Conditional Green Card Holder, Divorcing
 

One more thing...immigration lawyers can be expensive, and I don't know if my friend has the kind of money to pay an immigration lawyer.

When I consulted an immigration lawyer for my simple case, it was going to cost a minimum of $3000--I petitioned my husbands permanent residence visa at the US Embassy while living abroad with him. I think I had the simplest situation you can have.

Is it possible for my friend to do his paperwork without a lawyer? Would it be that advantageous to have a lawyer? I imagine my friend would need to take out a loan to pay a lawyer $3000.

Re: Conditional Green Card Holder, Divorcing
 

It's possible, but I would say most people use a lawyer for filing an I-751 with waiver, because it's best to put together the best possible package.

Only your friend can decide that.

He should at least have a 1-time consultation, which runs about $200. He can discuss with the lawyer and see about retaining him or not.

Rene

Re: Conditional Green Card Holder, Divorcing
 

Yes, I think this is a good idea.

Regards, JEff

Re: Conditional Green Card Holder, Divorcing
 

Awesome, thanks again for the advice! You guys rock!