Conditional PR Query
#1
Just Joined
Thread Starter
Joined: Oct 2002
Posts: 19
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..........
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..........
#2
Guest
Posts: n/a
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
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
#3
Account Closed
Joined: Sep 2002
Posts: 16,266
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,
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..........
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].
#4
Just Joined
Thread Starter
Joined: Oct 2002
Posts: 19
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].
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].
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?