CharlieX

so what happens when you divorce and there's still 2 years left on a 2 year conditional green card? is she allowed to stay?

wow, what a horrible question to have to ask.

bionomique

Yes, if the marriage was genuine. A divorced immigrant would waive the joint filing requirement for form I-751, as soon as a decree is available.

Bob

though they would then have to have had the greencard for 5 years before being able to apply to citizenship, unless they remarry a USC, or are in the military etc.

bionomique

But even remarrying a USC would require that the new USC spouse and the naturalisation petitioner must be married three years, right?

Noorah101

Yes, that's correct.

Rene

Bob

aye, and it's not really an issue in most cases, but some of these people have been getting there greencards pretty quickly and those DCF folks, and if they remarry, that 3 years could still be sooner than having to wait out a full 5 years...can't imagine that happening very often though

CharlieX

so if they DIDN'T find someone else to marry, then the greencard would expire and they'd have to leave?

Noorah101

They could either leave the country permanently, or apply for a waiver to remove the conditions w/o the spouse and then apply for citizenship in 5 years.

Rene

Tomnjerry

Does not matter if the marriage was genuine or not! The INS does not care!
As soon as the divorce is final, all she has to do to lift the 2 years is to
send in the papers! It is practically and automatic approval.

I married a Russian, and the day they put the green card stamp in her
passport, she stopped sleeping with me!

Had it planned the whole time!

Get over it and move on!

"CharlieX" <member34087@british_expats.com> wrote in message
news:[email protected] m...
    > so what happens when you divorce and there's still 2 years left on a 2
    > year conditional green card? is she allowed to stay?
    > wow, what a horrible question to have to ask.
    > --
    > Posted via http://britishexpats.com

ian-mstm

She wouldn't have to leave, no. Once she has the divorce decree in hand, she can apply for a waiver of the joint filing requirement and continue the immigration process on her own without the USC.

Ian

Ray

But your affidavit of support still stands ...

ian-mstm

100% correctamundo! Divorce does not release the OP from financial obligation under the I-864.

Ian