Juliaclaire

I am a UK citizen married to a US citizen. We have been in the USA for two
years this coming August. We will have been married for 2 years and 8 months
by the time the date on my PR card expires. I have just applied for a new
card.

Anyway all has fallen apart can I get divorced without losing my PR card? Or
do I need to wait for a longer period of time?

ian-mstm

Since you don't say specifically, I'm guessing that you have a 2-year card and that you have just applied to have the conditions removed. If this is the case, you can refile *on your own* to have the conditions removed *after* you are divorced. The obligation here is to demonstrate that you entered the marriage "in good faith".

If you have a 10-year card (perhaps because you were a PR prior to marriage), then a divorce will have no impact whatsoever on your immigration status.

Do yourself a favor... if you know now that you're going to divorce, do it and get it over with. It'll probably be better all around.

Ian

juliaclaire via Immigrati

Thank you Ian,

I am, indeed, on a 2 year card and I have just applied for a replacement card
on an I-90 as I have an expiration date. I have not done anything regarding
applying to have conditions removed.

So not trying to sound too 'thick' ........... (I am a blond )............ do
I have to apply to have conditions removed as well? And according to what
you said (I think). I should have conditions removed (to show we married in
good faith - which we did) and then I should get divorced asap and file again
for myself?

I am sure you made it clear - it is just me!

Thanks Julia

ian-mstm wrote:
>> I am a UK citizen married to a US citizen. We have been in the USA
>> for two
>[quoted text clipped - 7 lines]
>> card? Or
>> do I need to wait for a longer period of time?
>
>Since you don't say specifically, I'm guessing that you have a 2-year
>card and that you have just applied to have the conditions removed. If
>this is the case, you can refile *on your own* to have the conditions
>removed *after* you are divorced. The obligation here is to demonstrate
>that you entered the marriage "in good faith".
>
>If you have a 10-year card (perhaps because you were a PR prior to
>marriage), then a divorce will have no impact whatsoever on your
>immigration status.
>
>Do yourself a favor... if you know now that you're going to divorce, do
>it and get it over with. It'll probably be better all around.
>
>Ian

meauxna

"QUOTE=juliaclaire via Immigrati;4679246 I am, indeed, on a 2 year card and I have just applied for a replacement card on an I-90 as I have an expiration date. I have not done anything regarding applying to have conditions removed. /QUOTE"

An I-90 will not be sufficient! Your status expires with the card if you don't file I-751.

Julia, run, don't walk, and read this page:
http://tinyurl.com/344h44
How Do I Remove The Conditions On Permanent Residence Based On Marriage?
A lawful permanent resident is given the privilege of living and working in the United States permanently. Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.

You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident.

...
If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country.

....
What if I Am in Divorce Proceedings, But Am Not Yet Divorced?
If you and your spouse are unable to apply to remove the conditions on your residence because of divorce or annulment proceedings, you may not apply for a waiver of the requirement to file a joint petition, based on the “good faith” exception. You may not file for the waiver until after your marriage has been terminated.

Please see Immigration Policy and Procedural Memoranda, memo dated April 10, 2003 for more specific information.

http://tinyurl.com/yg62uh
Now That You Are A Permanent Resident
Some of you may be CONDITIONAL RESIDENTS. This page applies equally to you while you are in conditional resident status. The difference between you and an unconditioned permanent resident is that your permanent resident status will expire in two years from when it was given, unless you successfully petition to have the condition removed. Those of you with conditional permanent residence either received your residence through a marriage relationship where the marriage was less than two years old at the time you became a Permanent Resident,

...
A Conditional Permanent Resident is issued a card valid for two years. In order to remain a Permanent Resident, the Conditional Permanent Resident must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed.


The condition must be removed or you lose your permanent resident status. (See Form I-751 and Form I-829.)

ian-mstm

If you mean that your 2-year card is about to expire, you should *not* file an I-90. The instructions on the I-90 form specifically indicate that if you are a conditional resident (read: 2-year card) and your status is expiring you must not file that form. You *must* file form I-751 and you *must* file it within the 90 days immediately prior to the expiry date on your card.

If you are married when you file the I-751 you *must* file as "joint". This means that you and your spouse have a viable, ongoing marriage and you must submit proof of having a viable, ongoing marriage. If, for whatever reason, the marriage is not viable (ie. you are separated) you can *not* file the I-751 by yourself. You *must* be divorced first before filing the I-751 by yourself.

The trick here is that you may or may not be called for an interview. If you are called, you must both go. If one of you doesn't go... well, that's a big red flag. If your spouse is a nice person and agrees to go so that you appear to be happily married when, in fact, you are not... well, that'll initiate a series of unfortunate events - you don't want to walk down that road!

Now as for filing... there are two schools of thought on this. School #1 says file the I-751 during those 90 days as that is the legal requirement. Then, file a new I-751 after you're divorced. This covers you both ways. School #2 says don't bother filing the initial I-751 within those 90 days because you don't have a viable marriage, but do file the I-751 once you're divorced. You are allowed to file the I-751 late if there are circumstances beyond your control that prevent you from filing in a timely manner (ie. you don't know when the divorce will be final). Over the years, both methods have met with success.

To file by yourself, you must demonstrate that the marriage was entered into in good faith - that is, not solely to get a green card - and you must provide proof of that good faith.

Ian

meauxna

What does School #2 use for evidence of status from Green Card expires ---> I-751 wavier of joint filing NOA/extension letter? That could be a long time!?

ian-mstm

It could be a long time... so that's a good question. My advice is to not leave the US, don't change jobs, and don't do something stupid that'll end up with you on the receiving end of a police officer's questions!

Ian

gingi

so what happens if you file jointly , your have a pending case and you get divorce AFTER you applied jointly ? will if affect something in the future ?

Noorah101

Yes, in that case you will re-file the I-751 on your own, after the divorce is final.

Rene

gingi

ok, BUT what if you filed the I-751 JOINTLY.... sent it and everything... and then (once you case is pending)... you got divorce ?

Elvira

in that case you will re-file the I-751 on your own, after the divorce is final.

Rinse, lather, repeat

Noorah101

Then you no longer qualify to have the joint petition, and you must wait until you have your divorce decree in hand, then you'll REfile the I-751 alone.

Rene

juliaclaire via Immigrati

OK Ian,

I will file the I-751 to change conditions (amicably with my husband) and
then procede with divorce (asap) and file again on my own.

Thank you for your invaluable input!

All the best Julia running not walking!



ian-mstm wrote:
>> Thank you Ian,
>>
>[quoted text clipped - 41 lines]
>> >
>> >Ian
>
>If you mean that your 2-year card is about to expire, you should *not*
>file an I-90. The instructions on the I-90 form specifically indicate
>that if you are a conditional resident (read: 2-year card) and your
>status is expiring you must not file that form. You *must* file form I-
>751 and you *must* file it within the 90 days immediately prior to the
>expiry date on your card.
>
>If you are married when you file the I-751 you *must* file as "joint".
>This means that you and your spouse have a viable, ongoing marriage and
>you must submit proof of having a viable, ongoing marriage. If, for
>whatever reason, the marriage is not viable (ie. you are separated) you
>can *not* file the I-751 by yourself. You *must* be divorced first
>before filing the I-751 by yourself.
>
>The trick here is that you may or may not be called for an interview. If
>you are called, you must both go. If one of you doesn't go... well,
>that's a big red flag. If your spouse is a nice person and agrees to go
>so that you appear to be happily married when, in fact, you are not...
>well, that'll initiate a series of unfortunate events - you don't want
>to walk down that road!
>
>Now as for filing... there are two schools of thought on this. School #1
>says file the I-751 during those 90 days as that is the legal
>requirement. Then, file a new I-751 after you're divorced. This covers
>you both ways. School #2 says don't bother filing the initial I-751
>within those 90 days because you don't have a viable marriage, but do
>file the I-751 once you're divorced. You are allowed to file the I-751
>late if there are circumstances beyond your control that prevent you
>from filing in a timely manner (ie. you don't know when the divorce will
>be final). Over the years, both methods have met with success.
>
>To file by yourself, you must demonstrate that the marriage was entered
>into in good faith - that is, not solely to get a green card - and you
>must provide proof of that good faith.
>
>Ian

Just Jenney

Ok, I'm confused. If she files jointly, KNOWING that immediately afterward she is going to file for divorce (not might, but WILL), isn't that committing immigration fraud?

~ Jenney

gingi

and again, depends when she'll get the stamp / card - assuming that her passport will be stmped and she'll wait for the card and during that time get divorced - I don't think and refiling is required