confused9

Hey,

Hey all. I have some questions I'd like to ask if anyone has experience. Here is my situation.

I have a conditional G/C and am about 9 months from the date when I can file for 10 yr GC. No kids. No property. No crazy situation (battered spouse etc).

Things aren't working out, but I don't want to lose GC priviledge and just want to get some ideas and options.

Questions I'd like to ask:

1) How much of a head ache is it to maintain GC if no longer married. (i know the 'official' line of if you don't have kids or property then you risk deportation but how serious is this? Can a good lawyer sort things? I have great qualifications and work exp, clean record, entered on 8 yr (extended) academic visa been here over 5 yrs.
2) If I were to marry my new love would this help situation at all.
3) If I were to divorce but have child with another person would this help?

All advice appreciated!

ian-mstm

You can apply on your own to remove the conditions on your current GC *only* after you are divorced. The success rate seems pretty decent. Once the conditions are successfully removed, maintaining the GC is pretty easy. If your application to remove conditions is denied, you become immediately removable from the US... and it wouldn't matter if you had property or children... or were subsequently married to someone else.


None of this is relevant.


Not really no. On the assumption that your "new love" is a US citizen, you would have to start the *entire* immigration process again from the beginning. Besides, in order to marry your "new love" you'd have to be divorced from the first person... at which point it's probably easier to remove conditions on your own than start all over again.


In 21 years, it would help... but not before that, no!

Ian

Poppy girl

You don't have to have kids and property to prove your marriage,I don't have any kids and we had a house but it was in his name not mine, I don't have joint tax returns either he filed separate owned his own business...there are plenty of other solid ways to prove your marriage was legit.

Noorah101

Thread moved to the marriage-based forum.

Rete

As stated, doesn't hold any weight with the removal of conditions but will put you in a good position for a H-1B work visa if you are successful in removing the conditions.


You just blown one suggestion I was going to make by the admission that you are seeing someone else while you are married. Guess the other half would not be to keen on staying married until you have filed for removal of conditions and it was approved. Oh well.

Yes, if you lose your permanent residency, you can file for adjustment status a second time with your new spouse as long as they are a US Citizen.


Anchor babies are a thing of the past.

Have you printed out and read the instruction sheet for the I-751? If not, it behooves you to do so. You should also consult an immigration attorney well versed in the removal of conditions processing. You can file on your own but only after your divorce is final. Until then between the end of your green card and your filing for removal, you will be out of status. Will a divorce take nine months in your state?