Conditional PR Query

Old Oct 7th 2002, 4:44 pm
  #1  
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Default Conditional PR Query

Hi,

I am married to a USC and have recently arrived in the US to live. I have been granted a conditional PR for 2 years and have just received my green card.

However, i am a little confused regarding the 'conditional' part of my status. Does that mean if my husband decides he doesnt like my cooking and wants to divorce me OR if he sould die (god forbid!!) before the 2 year are up that my son and i will have to leave the US??

This thought is kind of freaking me out a little so i would really appreciate any info anyone can provide.

Thanks..........
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Old Oct 7th 2002, 5:31 pm
  #2  
Andy Platt
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Default Re: Conditional PR Query

"Have to" is the wrong phrase. Basically in two years you must apply to
remove the conditions, assuming you are still married. *If* you get divorced
you apply for the removal of conditions at that point and have to
demonstrate that the marriage was entered into in good faith. For a real
marriage that's not a huge problem.

Andy.

--
I'm not really here - it's just your warped imagination.
"sequoyah" wrote in message
news:435938.1034009041@britishexpats-
.com
...
    > Hi,
    > I am married to a USC and have recently arrived in the US to live. I
    > have been granted a conditional PR for 2 years and have just received my
    > green card.
    > However, i am a little confused regarding the 'conditional' part of my
    > status. Does that mean if my husband decides he doesnt like my cooking
    > and wants to divorce me OR if he sould die (god forbid!!) before the 2
    > year are up that my son and i will have to leave the US??
    > This thought is kind of freaking me out a little so i would really
    > appreciate any info anyone can provide.
    > Thanks..........
    > --
    > Posted via http://britishexpats.com
 
Old Oct 7th 2002, 5:53 pm
  #3  
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Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: Conditional PR Query

Originally posted by sequoyah:
Hi,

I am married to a USC and have recently arrived in the US to live. I have been granted a conditional PR for 2 years and have just received my green card.

However, i am a little confused regarding the 'conditional' part of my status. Does that mean if my husband decides he doesnt like my cooking and wants to divorce me OR if he sould die (god forbid!!) before the 2 year are up that my son and i will have to leave the US??

This thought is kind of freaking me out a little so i would really appreciate any info anyone can provide.

Thanks..........
Hi:

In getting your new PR status, you had to prove that you ENTERED into a bonafide marriage and not just a "sham" marriage to get a green card. The "condition" means that INS gets a second chance to examine that issue, and if they make an adverse decision, you can renew the application before an Immigration Judge in removal proceedings.

To emphasize: the issue remains the intent at the BEGINNING of the marriage. It should be noted that until now, it was up to YOU to show you had a bona fide marriage. In legalese, you bore the burden of proof. On the I-751, the burden goes the other way -- its on the INS [BTW, INS does not understand this, but the IJ's in the courts do -- I have had two cases where the marriage broke apart after ONE DAY, and one of those had a California State nullity judgment based upon mariage fraud].
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Old Oct 7th 2002, 6:10 pm
  #4  
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Default Re: Conditional PR Query

Originally posted by Folinskyinla:


Hi:

In getting your new PR status, you had to prove that you ENTERED into a bonafide marriage and not just a "sham" marriage to get a green card. The "condition" means that INS gets a second chance to examine that issue, and if they make an adverse decision, you can renew the application before an Immigration Judge in removal proceedings.

To emphasize: the issue remains the intent at the BEGINNING of the marriage. It should be noted that until now, it was up to YOU to show you had a bona fide marriage. In legalese, you bore the burden of proof. On the I-751, the burden goes the other way -- its on the INS [BTW, INS does not understand this, but the IJ's in the courts do -- I have had two cases where the marriage broke apart after ONE DAY, and one of those had a California State nullity judgment based upon mariage fraud].
Thank you for your replies I feel much better now!! My husband and i entered into this marriage because of love and nothing more. I am an Australian citizen and was living quite comfortably and happily in Perth before i met him and certainly was not on the look out for a gullible US guy to marry in order to get to the US. Strangely enough prior to our interview the info from the consulate made a big deal about providing evidence of a long standing relationship but at the interview nothing was asked for at all.

My husband has now put my name on the deeds to the house, life & medical insurances etc so do you think that if ever we had to prove our intentions were sincere that would suffice?
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