Bob Green

One of our members was married to a US citizen, got temporary Residency, applied for
Permanent Residency. Have received two exensions (for 2 years) waiting for the
Permanent card. Citizen spouse filed and achieved a divorce. They are currently
divorced. Can greeencard holder get permanent status?

Citizen is willing to get remarried if it will help.

Any suggestions would be appreciated.

Bob

Rete

There is no such thing as temporary residency. Your friend was granted conditional permanent residency. The conditions were to be removed (regardless of whether or not the card arrived in the mail) 90 days prior to the expiration of the conditional green card (which expiration would be two years from the date of the approval of his AOS interview). Since he has had to get 2 extensions (assume you mean the I-551 stamp in his passport), I believe he is long past the point for timely filing of the I-751 to remove the conditions.

My suggestion is that he find an experienced immigration attorney asap and have the attorney file the I-751 for him. Your friend is eligible to do that whether or not the two years are up from the date he became a conditional permanent resident. You can file for removal of those conditions asa the divorce is final. But you need proof that the marriage was valid and entered into for the right reasons and not for a green card only.

Rita

Michael Voight

Bob Green wrote:
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Yes. If divorced, you can get conditions removed. In many cases, the removal is done
without an interview, so it may be in the process of being approved now.

Michael

Shelley

Your post is very confusing. When you marry a US citizen, you file to adjust status
to Permanent Resident. After a successful interview with the INS you get Conditional
Permanent Residency, which is a I-551 stamp in the passport good for one year
followed by a plastic Green Card valid for two years. 90 days before the two years is
up, you must file an I-751 to remove conditions, if not the Permanent Residence
status expires. In the case of divorce in the first two years, you need to file the
I-751 as soon as the divorce is final and prove the marriage was genuine. A
successful I-751 gets you the 10 year Green Card. Has this person received the 2 year
Green Card? Or are the two extensions you are referring to renewing of the EAD card
or the I-551 stamp? Did this person and their spouse have an interview with the INS
for Adjustment of Status? In any case getting remarried would do nothing about this
person's current status. Please clarify your post. Take Care. Shelley

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Michael Voight

Onigiri wrote:

[usenetquote2]> > Citizen is willing to get remarried if it will help.[/usenetquote2]
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Well, he did say the Citizen and "remarried" so I assume that means the USC that was
previously married to her. By "members", I am going to go out on a limb here and
guess "church memeber".

Bob Green

Thank you all for your assistance
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mikedurkes

I think his/her question was what will happen if the I 751 is filed and meanwhile there is divorced. Should the spouse of USC apply for I 751 again or wait for Interview? If spouse waits and if there is Interview then what will happen? Should she tell to INS that divorse has happened? I guess these were the questions. I have no experience of this and have not come across any other casees having such experience in this forum. If any one know the answer to this, please post the experience.

Bob Green

You are right, those are the questions,more clearly stated

Bob

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