Titi

Hi,

I have an argument with a friend of mine who told me that if a
foreigner married a US citizen, got the green card and divorced after
one year she/he would still be a permanent resident and would still
keep the green card. I don't think it is true. Can someone confirm
which is the truth???

Thanks

Andy Platt

That's the truth but it's slightly more complicated. Specifically, if you
become a permanent resident based on marriage to a US citizen and that
marriage is less than two years old by the time you become a permanent
resident, that residence is conditional. Note that any children adjusting
with the parent will be conditional too. In order to get the conditions
removed you must file form I-751 in a further two years (specifically you
must file within the 90 days proceeding the 2nd anniversary of permanent
residence) showing that the marriage is still valid, etc., etc..

There are a few ways you can file prior to the 2nd anniversary - they are
listed on the I-751 and I won't list them all here but two reasons are the
US citizen died (automatic removal of conditions) or you are divorced. If
you are divorced you have to provide evidence that you entered the marriage
in good faith.

So, your friend is correct, with conditions

BTW, if the permanent residence is granted after two years of marriage,
there are no conditions.

Andy.

--
I'm not really here - it's just your warped imagination.

"titi" wrote in message
news:[email protected]...
    > Hi,
    > I have an argument with a friend of mine who told me that if a
    > foreigner married a US citizen, got the green card and divorced after
    > one year she/he would still be a permanent resident and would still
    > keep the green card. I don't think it is true. Can someone confirm
    > which is the truth???
    > Thanks

meauxna

What Andy said.

Plus, there are very limited ways in which a foreigner could get married to a USC, *and* get their Green Card within one year. If it did happen (hey, we did it), see Andy's 2nd paragraph.

Mrtravel

meauxna wrote:
    > Originally posted by Titi
    >
    >>Hi,
    >>I have an argument with a friend of mine who told me that if a
    >>foreigner married a US citizen, got the green card and divorced after
    >>one year she/he would still be a permanent resident and would still
    >>keep the green card. I don't think it is true. Can someone confirm
    >>which is the truth???
    >>Thanks
    >
    >
    > What Andy said.
    >
    > Plus, there are very limited ways in which a foreigner could get married
    > to a USC, *and* get their Green Card within one year. If it did happen
    > (hey, we did it), see Andy's 2nd paragraph.

Not really that limited. I think most CR-1/IR-1's are processed within a
year from the I-130 filing, aren't they? I know almost all of the
DCF's are.

Michael

jeffreyhy

MrT,

The TSC is taking almost 2 years to approve I-130s for spouses right now...

Regards, JEff

cindyabs

Actually the given date is up to 999 days.....but who's counting?

Mrtravel

jeffreyhy wrote:
    > MrT,
    >
    > The TSC is taking almost 2 years to approve I-130s for spouses
    > right now...

Are you talking about AOS, or for the interview in the foreign country?

jeffreyhy

Mr.T,

I'm talking about neither. I'm talking about before one even gets that far. (Aside from the fact that there is no AOS for CR-1/IR-1, correct?)

You asked "I think most CR-1/IR-1's are processed within a year from the I-130 filing, aren't they? "

At the TSC, a year from filing the I-130 the petition is still sitting on the shelf waiting to be assigned to a reviewer. If one looks at the TSC processing report on a site like Shusterman's or Matt Udall's, one will see that the TSC is currently processing I-130 petitions for spouses that were filed in June 2001.

Did you mean to ask if CR-1/IR-1's are processed within a year from the I-130 approval? If that's the case, I'm inclined to agree with you.

Regards, JEff

Titi

meauxna wrote in message news:...
    > Originally posted by Titi
    > > Hi,
    > >
    > > I have an argument with a friend of mine who told me that if a
    > > foreigner married a US citizen, got the green card and divorced after
    > > one year she/he would still be a permanent resident and would still
    > > keep the green card. I don't think it is true. Can someone confirm
    > > which is the truth???
    > >
    > > Thanks
    >
    > What Andy said.
    >
    > Plus, there are very limited ways in which a foreigner could get married
    > to a USC, *and* get their Green Card within one year. If it did happen
    > (hey, we did it), see Andy's 2nd paragraph.

Ok how long does it take to get the green card then and how is the
spouse supposed to work if you have to wait more than a year to get
it?

Andy Platt

"titi" wrote ...

    > Ok how long does it take to get the green card then and how is the
    > spouse supposed to work if you have to wait more than a year to get
    > it?

He's a site for a general overview of the I-130 process:

http://www.geocities.com/immigration_helpsite/index.htm

For people who's fiance(e) lives outside the US and they wish to bring them
to the US for marriage, see:

http://www.k1faq.com/

Andy.

--
I'm not really here - it's just your warped imagination.

meauxna

I don't keep timelines in my head, because I don't need to.

But, have a look around the NG; many people have them posted in their .sig file. You're looking for the terms "AOS" and "K3". All of it depends on where in the US one lives, but my rough understanding of it is up to 2 years, possibly more. Some people have been know to apply and become naturalized citizens *before* they are approved unconditional residents.

The spouse is able to file for a special work permit while they're waiting for the green card adjucation.

And MrT, as to 'very limited': meant DCF and any other way of which I am unaware after reading these past 1.5 years. I've not seen many (can't think of one off the top) where the couple married and filed and got the GC AND had time to divorce, w/in one year.

Mrtravel

titi wrote:
    > meauxna wrote in message news:...
    >
    >>Originally posted by Titi
    >>>Hi,
    >>>I have an argument with a friend of mine who told me that if a
    >>>foreigner married a US citizen, got the green card and divorced after
    >>>one year she/he would still be a permanent resident and would still
    >>>keep the green card. I don't think it is true. Can someone confirm
    >>>which is the truth???
    >>>Thanks
    >>What Andy said.
    >>Plus, there are very limited ways in which a foreigner could get married
    >>to a USC, *and* get their Green Card within one year. If it did happen
    >>(hey, we did it), see Andy's 2nd paragraph.
    >
    >
    > Ok how long does it take to get the green card then and how is the
    > spouse supposed to work if you have to wait more than a year to get
    > it?

Well, if they have filed to get IR-1/CR-1, then they are still in the
"home" country and should be free to work. If they are in the US and
filed for Adjustment of Status, then they could file for EAD and work
under that.

Rete

Also equate into problem that the I-130 is required along with the I-485 for filing at the local BCIS level if the foreign spouse entered the US on anything other than an approved K-1.

Many areas of the country are seeing timelines for adjudicating the I-130/I-485 at the local level to be well over 12 months, i.e. NYC 24 months, Phoenix 36 months, etc.

Rete

Rete

You are a novice at the immigration business ;-) I recall being in just the same spot once upon a time. I found disillusionment quickly.

Briefly, since you will be in overload no matter how I stated things, are a few scenarios.

1. Foreign fiancee enters the US with a K-1 with BCIS express permission to marry and stay to adjust status.

2. Foreign fiancee entered the US with any other type of visa, i.e. student, work, tourist, marries and stays to adjust status.

For both of these fiancees, once they are married they will file an I-130 immediate relative visa and the I-485 adjustment of status visa the local BCIS office. If they want to work while waiting they file I-765 for an employment authorization document. Depending on where in the country they live, the timeline for having the adjustment of status interview which is required in order to get the green card can be 3 months to 36 months. Boston and Philly take about 3-6 months. NYC 24 months. Phoenix 36 months. Los Angeles 12 months.

3. If the couple marry and are lucky enough to be able to do what the common person calls direct consular filing, then the timeline is usually 3 to 4 months from date of filing. They file at the US Consulate abroad, gather all the requirement documentation, have the medical, the US Consulate sets up an appointment for the interview when all the documentation is together and if approved the foreign spouse enters the US, gets his/her passport stamped with an I-551 stamp and they are a permanent resident. The formal green card will arrive in the mail. The I-551 is the paper equivalent of the green card.

4. Then there are the unlucky couples who are married but the USC spouse is in the US and the foreign spouse is living in their country and their country's US Consulate does not allow DCF. In that case, the US Citizen files the I-130 at the service center and then files for the I-129F for the K-3 visa. While the I-130 is pending (and at the service center level it can take like Cindy said 999 days to approve), the I-129F is processed at a separate service center. When approved it is sent to the National Visa Center and then to the US Consulate abroad and then the foreign spouse does the same documentation thing as in point #3 and interviews. Only this time he/she is not approved for residency but approved to come to the US and apply for residency while living with their US Citizen spouse. Then the wait for the green card/residency reverts back to a wait time as outlined in point #1.

So you see there are many different ways for a married couple to apply for residency and the time frame for approval of that residency varies from approach to approach and one must factor in the method involved, the office involved and the whims of the BCIS gods who hold your fate in their shakey little hands.

Rete

jeffreyhy

Rete,

A fianc(e)e who enters on a K1 files an I-130 along with their I-485 to adjust status?

Regards, JEff