jc031502

Hello everyone,

Ive been following the threads here and I need help on the following issue. My conditional green card expires in Jan 2006. I am within the the 90 days to file for removal. I was married for 2 yrs & 4 months, separated for the last 16 months. Husband cheated which caused separation and thought of filing for a divorce a year ago. Husband promised me that we wont get divorced yet because he did not want me to have a hard time with I-751 or removal of conditions. Now that I asked him to sign for my paper work since we are still legally married, he refused saying I should get back with him first. I dont want to get back with him because my love for him is long gone and I do not want to get back with him only for immigration purposes.

Now, it takes a waiting period of 60 days to get a final divorce decree where I live. I just filed today. In the event that I do not get my decree before my green card expires in January, what is the best approach to take in this case? Lawyer is confident I will get divorce decree before GC expires and that I can file a waiver based on good faith but terminated through divorce"

If I dont get my divorce decree and my GC expires, what would be the best thing to do? Does that mean I will be in deporation proceedings? What does it mean when the memo of april 2003 about I-751 stated that conditional green card holders with expiring GC's should "ask for continuance from the immigration judge" while divorce is pending.

Please enlighten me on this matter. I entered the marriage in good faith, I have years of evidence of a legal marriage - tax returns, insurance, bank accounts, credit cards, utilities, everything married couples have so to prove that I was in a legal marriage is out of the question. Only question is, what if I cant file I-751 on time due to pending divorce?

Insights and suggestions will be greatly appreciated!

ian-mstm

There are allowable exceptions to the 90 day filing requirement. In your situation, your status will end the day your green card expires, but you can file the waiver at any time prior to being removed from the US... and that could take quite a while... and, of course, they'd need to be informed beforehand and then be out looking for you. This is unlikely to happen at any rate. Being out of status is this case is not going to affect either your ability to file the waiver or the subsequent removal of conditions. In addition to other documents, you will need to include a copy of the divorce certificate with the application. Remember, for the waiver, you only need to demonstrate the marriage was entered into in good faith. Good luck.

Ian

meauxna

Have you reviewed this page?
http://uscis.gov/graphics/howdoi/remcond.htm

jc031502

Hi Ian,

Thank you for your reply. Does that mean that when my GC expires, I will be put under deportation proceedings and I will have to defend myself before the immigration judge? Will it in any way affect my employment too since I will then be considered "out of status" when my GC expires?

Your thoughts will be greatly appreciated.

ian-mstm

Well... only if they catch you. That said, USCIS doesn't keep track of who stays married and who doesn't, and who files and who doesn't. Remember, this only becomes an issue if you are placed in removal proceedings... this is not something that usually happens immediately - and "immediately" can take years to discover! You may want to contact an experienced immigration lawyer who can give you a definitive answer, but I don't think you should overly worry about this.

Once your GC expires, your work authorization will also expire, yes. But again, this will only be an issue if your divorce is delayed. Once you file the waiver, your status is extended until a decision is made.

Oh, since he's refusing to sign unless you get back together, you might want to consider suing your husband for extortion!

Ian

Reggie21

Hi there :-)

My situation is EXACTLY the same as yours - very spooky!

I am wanting to separate from my hubby also and want to just go ahead and file for divorce, but my lawyer is advising that to make my 'waiver' situation sound plausible (because apparently, when receving my applicaiton, the INS will look at my timeline as being 'suspicious' i.e only married for 2yrs 6 mnths), I should file on the grounds of extreme mental cruelty and assualt. I am jus tnot going to do this as (a), its untrue (b) my husband is not that type of person and I don't want it showing up on a divorce certificate (reason we are separating is because, well, we both found other people, let's say...him first though!). So we wer talking about getting a legal separation for a year instead then filing for the divorce (the filing for divorce time will be right around the time I have to file for removal of conditions).

I guess my question is: what will they think about the legal separation reason? Do they look upon all marriages that don't end with someone battering someone else as suspicious? This is just ridiculous. My hubby and I were happily married for almost 2 years before he bedded one of his Asian students (he's a teacher) and so you can imagine the scenario. But he is in no way capable of cruel and inhumane torture. I have all the evidence to prove that it was a real marriage (our interviewer at our AOS interviewer was like "you are the most loveliest couple I have seen in a long time"..) Funny how things work out, huh? I guess we were at that time :-(

so again, any advice as the 'best grounds to file divorce upon' would be greatly appreciated.

Thank youso much

Rosemary (nickname is Reggie)

Folinskyinla

Hi:

No one has been placed in "deportation" proceedings sicne April 1, 1997 when they were abolished. So, you will not be placed in deportation proceedings. However, there is a chance that you will be placed in "removal" proceedings.

That said, it doesn't happen instantly. So, as a practical matter, it is not a problem. Even if you were placed in removal proceedings, I believe that in your situation the IJ would much more likely than not afford you the opportunity to get that I-751 to CIS when you can do so. So, again, as a practical matter, removal proceedings are probably not a bad thing.

Work -- if you don't change jobs, you should be OK -- the employer will have no reason or legal cause to reverify the I-9 because you did show him/her that you were a Lawful Permanent Resident when you were hired.

Also, in the asylum arena, CIS has acknowledged that an asylee doesn't need an EAD as a practical matter because they have an unrestricted SSN card.

Do note that the I-751 waiver is NOT subject to any window for filing.

Based on what you say, it should work out.

Standard caveats -- I'm a lawyer but I'm not YOUR lawyer. This posting is not intended to create any attorney-client relationship because "your mileage may vary" depending upon circumstances not in your post.

ian-mstm

See my response in another thread.

Ian

Reggie21

Which other thread, Ian?

Thank you.

Reggie21

Ah - just found it and have replied!
Thanks Ian!!