Conditional Green Card Holder, Divorcing
#1
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Joined: Jun 2009
Posts: 32
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
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
#2
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.
#3
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Conditional Green Card Holder, Divorcing
Ian
#4
Re: Conditional Green Card Holder, Divorcing
Rene
#5
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
What cs and Ian wrote.
Regards, JEff
#6
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.
#8
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Joined: Jun 2009
Posts: 32
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!
#9
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Joined: Jun 2009
Posts: 32
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.
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.
#10
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
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.
Rene
#12
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Joined: Jun 2009
Posts: 32
Re: Conditional Green Card Holder, Divorcing
Awesome, thanks again for the advice! You guys rock!