Divorce
 

I am now a conditional permanant resident. Next year this time I can get
condition removed.

If I divorce now, I heard that I have to go to the court and proving I am
entering the marriage with sincere. However, that is success rate there. And
people can be granted permanent resident right away? How much is the success
rate?

Also, do anyone has the experience of just talking to your American spouse
about keep this marriage and living seperately just for your residency
purpose? I know it is up to your spouse.

If all the above is not smart move, after how long one person gets residency
or citizenship is the proper time to raise a divorce? How long will it take
in CA?

Is divorce after residency and not after citizenship a stupid move? Because
it is only one year away.

Re: Divorce
 

I cannot comment on the questions below, however I think you will find it is a LOT more than a year away, if you only just got your conditional GC. I married in Oct 2003, got GC in June 2004, and the two years till you can remove conditions (less 90 days) is taken from the date you get the GC NOT the wedding date, which means you have two years till you can just FILE... then you can expect a long wait after that before it is adjudicated. I would be surprised if it was less than 3 years from the date you get the GC to the date you get the unconditional 10 year GC. You still have to be married when the case is adjudicated as far as I know, not just on the date you actually file.

Think through your actions carefully, and good luck to you.

Lee

Re: Divorce
 

I think you've some of the facts a bit twisted. If you are eligible to apply to remove conditions jointly next year, but in the meantime separate and are in divorce proceedings, you will have to await a final divorce decree to petition alone under the waiver. With this petition, you would need to prove that you did not marry with sole immigration intent.

In the event that you jointly petition to remove conditions this time next year, and then separate shortly afterwards, while the petition is still pending, you are to inform the Service Centre that you are separated (this, I believe, precipitates a local district office interview and you'll be informed what to do with the petition) at which time you will have to prove that you did not marry for the purposes of acquiring permanent residency.

You should be aware that processing times on the adjudication of removal of conditions petition can range from several months to over a year or more.

If you are still married and living with your US citizen spouse 90 days prior to the third anniversary of the date of receipt of PR, you are eligible to file for citizenship. If you are no longer together, you must wait an additional two years.

Re: Divorce
 

Thanks Lee. I got married on August 2003. I got my conditional residency on
July 2004. Right now I am still married. I think next year 90 days before
July I will file removal condition. Then July 2006 I will have it removed.
Then July 2007 I should be able to apply citizenship.

Please comment if my understanding is right or wrong.

Great thanks in advance!!!

Re: Divorce
 

This is more or less correct. Assuming you remain married, you will file jointly to remove conditions sometime in the 90 days immediately prior to the 2nd anniversary of the date on your GC. It will likely take many months or longer to actually remove the conditions... but you don't need to worry about that, since the only obligation is to file for removal. Regardless, you will still be able to apply for citizenship 90 days prior to the 3rd anniversary of the date on your GC. If the conditions have not yet been removed, they will be before your citizenship is approved.

If you divorce, you can file for a waiver of the joint filing requirement. At that time, you'll need to demonstrate that the marriage was entered into in good faith. Assuming all goes well, you can file for citizenship 90 days prior to the 5th anniversary of the date on your GC.

Ian

Re: Divorce
 

Great thanks, everyone who answers my post.

Re: Divorce
 

I'm just curious to know if u actually plan to get divorced or are even already considering it? Sorry if that's a little personal but your questions seem odd to say the least when it comes to divorce and aquiring PR status and ultiimately citizenship, and if so then don't ya think USCIS would raise the 'red flag' immediately, as I'm sure they would with any divorce.

~S~

Re: Divorce
 

None of your business! Seanus.
"Seanus" <member39597@british_expats.com> wrote in message
news:[email protected] m...
    >> Thanks Lee. I got married on August 2003. I got my conditional
    >> residency on
    >> July 2004. Right now I am still married. I think next year 90 days
    >> before
    >> July I will file removal condition. Then July 2006 I will have it
    >> removed.
    >> Then July 2007 I should be able to apply citizenship.
    >> Please comment if my understanding is right or wrong.
    >> Great thanks in advance!!!
    > I'm just curious to know if u actually plan to get divorced or are even
    > already considering it? Sorry if that's a little personal but your
    > questions seem odd to say the least when it comes to divorce and
    > aquiring PR status and ultiimately citizenship, and if so then don't ya
    > think USCIS would raise the 'red flag' immediately, as I'm sure they
    > would with any divorce.
    > ~S~
    > --
    > Posted via http://britishexpats.com

Re: Divorce
 

sure its none of my business, but you are the one posting on a public forum about divorce from the USC before the conditions are lifted... everyone is thinking the same thing I am, i'm just the person who asked first :P
best of luck to you.

Re: Divorce
 

Everyone, including the OP! Yikes, Seanus, you must have hit a chord :)

Re: Divorce (The REST of STORY)
 

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http://groups-beta.google.com/group/...af2e061ff2097a

http://groups-beta.google.com/group/....divorce?hl=en

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Newsgroups: alt.support.divorce

From: "Jennifer" <[email protected]> -

Date: Wed, 6 Jul 2005 11:31:24 -0700


Subject: divorce?

Hi everyone, I need some advice of divorce. Great thanks in advance.

I am entering marriage two years ago by K1 visa. He is the person who
brought me to America. For this point, I am going to thank him for rest
of my life.

It will be a lie to say I did not consider the fact that he is an
American citizen and and help me get out of my own third world country.
However, I do have some feeling to him.

I knew him through online dating. We exchanged some emails and phone
calls. Then he flew to my country and meet me. At the airport, from the
moment I saw him, I told myself: My God, what have I done wrong, now
the God is purnishing me. He looks completely different from the photo
he posted in
internet. He is real fat.But he flew all the way to see me, I just can
not turn away. I thought it will be just end soon.

The following story is that since I was getting 31 at that year and I
was desperate.And going to America is so attractive to me. All my
friends say that it is OK. Fat is fat, who cares? I have quite a few
western friends told me that you must get on his train to America then
jump off... Anyone, I am not blaming anyone, I took the deal and
married him.

After my marrying him, I was not so happy. That is basicly two reasons.
I am Asian. I always want a white man. He looks white to me in my
country. When I came here, I find out that he is half Mexican. Although
he denied it all the time. He says his father is German and his mother
is not Mexican. But his skin is all mixed. In one word, I am not
attracted to him physically. The another reason is that he refused my
goal taking to him. I wanted him to get a bachlor degree in computer
science since he is really good at programming. He can sit in front of
his computer forever. His job is web developer. He is making $70,000 a
year. Before I entered USA, I thought it is a lot of money.

After I lived here, I find out we are very poor. Because we have to pay
lots of his debts as well. He put all the travel and long distance call
to credit card. What can I say? I find most of his colleges having a
house. We can only live in a one bedroom apartment. When I first came
here, I had
nightmare about living in a very poor place. When I wake up, ok it is
not that poor, but I feel I am living in the bottom of the society.

Since he is the person who immigrant me to America, thinking of divorce
makes me guilty. I went to see therapist. She said to me most likely I
would end up divorce. However, I explained to her that I can not
divorce in two years, otherwise I would be sent back to my own country
or go to the court
etc. She said then you don't, just go to school and find a job wait
until I get green card or citizenship.

I feel very bad since I have no one to talk to about my case. My
parents are very traditional, they will never like me to get a divorce.
And I am 34 this year already. I have to wait another two years to get
citizenship. By the time I will be 36. Is that still hope for a 36 year
old woman to find a good man? And also, I would love to have child one
day. Should I ignore all the negtive and have a child with this guy
since my age will not allow me to wait?

I don't know what to do. Any advice or experience is helpful. Great
thanks again!!!!!!

++++++++++++++++++++++++++++++++++++++++

7. Jennifer Jul 6, 8:06 pm hide options

Newsgroups: alt.support.divorce

From: "Jennifer" <[email protected]>

Date: Wed, 6 Jul 2005 17:06:36 -0700


Subject: Re: divorce?

I think this is divorce support site. I am simply wrong. Who is using
who? He is using me too. He always wanted an Asina woman. And after we
got married, he is showing me off to his colleges and friends, etc.

If John Kerry doesn't marry twice to rich woman, can he run for
president? If Nicho Kidman is not married to Tom Crusie, who knows her?


I don't think it's superior to marry for money and I don't think it's
superior to marry for love. I think marriage is between two people,
whatever their goals.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

http://groups-beta.google.com/group/....divorce?hl=en

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Re: Divorce (The REST of STORY)
 

All I can say is....do not have a baby with someone you're thinking of divorcing.

Rene

Re: Divorce (The REST of STORY)
 

I agree with u Reneeee, don't have kid with him (poor kid)
Why marry a guy if u didnt like him in the 1st place, let alone love him!
OMF... should u have sympathy for someone who does this and is now in this situation?
BLAH!!!!!!

Re: Divorce (The REST of STORY)
 

More importantly, Jennifer appears to be the one wishing to end the marriage. Filing a self-petition requires a divorce decree. That can take time, possibly a year or more. I wonder when it is the alien who is seeking a divorce and the deadline is missed, if they can satisfy the statement on the I-751 instructions "not at fault in failing to file a timely petition"?

Re: Divorce (The REST of STORY)
 

Jeniffer,
You really sound confused and lost.

So you just wanted to use this guy to come to America and have a nice time with his money correct?

Your case seems suspicious to me.

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