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Divorce Conditions

Divorce Conditions

Old Apr 28th 2013, 12:11 pm
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Default Divorce Conditions

I have been married to my wife for 13 months, we have an 11 month old son.
Im on a 2 year conditional visa and am not sure what happens if we got divorced? what are my rights to stay in this country to be near my son?
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Old Apr 28th 2013, 12:18 pm
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Default Re: Divorce Conditions

Originally Posted by soccer20 View Post
I have been married to my wife for 13 months, we have an 11 month old son.
Im on a 2 year conditional visa and am not sure what happens if we got divorced? what are my rights to stay in this country to be near my son?
you lean to bite your tongue and keep the peace ..even be extra nice until the conditions are removed
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Old Apr 28th 2013, 12:19 pm
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Default Re: Divorce Conditions

So is there no way I can stay until the conditions are removed? Thats mental. I have a son here!
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Old Apr 28th 2013, 12:24 pm
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Default Re: Divorce Conditions

Originally Posted by soccer20 View Post
So is there no way I can stay until the conditions are removed? Thats mental. I have a son here!
you can try to get a waiver thru a lawyer
but I assume you know the reason they have conditional green card
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Old Apr 28th 2013, 12:25 pm
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Default Re: Divorce Conditions

Originally Posted by soccer20 View Post
So is there no way I can stay until the conditions are removed? Thats mental. I have a son here!
The conditions are a separate matter from any possible divorce. It is not uncommon for a conditional green card holder to get divorced and remain in the US, including getting the conditions removed and remaining in the US long term. There are at least a couple of frequent posters here on BE who have done just that. You do however need the advice of an experienced immigration attorney.
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Old Apr 28th 2013, 12:27 pm
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Default Re: Divorce Conditions

Thank you for your advice. This is one aspect I wouldn't attempt to do on my own. It's a last resort.
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Old Apr 28th 2013, 12:28 pm
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Default Re: Divorce Conditions

would i be best seeking out a local attorney?
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Old Apr 28th 2013, 12:34 pm
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http://www.ailalawyer.com/
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Old Apr 28th 2013, 12:35 pm
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Default Re: Divorce Conditions

Originally Posted by soccer20 View Post
would i be best seeking out a local attorney?
Relatively local, sure, but an immigration specialist, so how local depends on where you live and the number of immigration specialists. .... You should probably be thinking of the nearest "big town", but only you know if that means 5 miles away or a trip to the state capital.
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Old Apr 28th 2013, 12:43 pm
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Default Re: Divorce Conditions

Originally Posted by soccer20 View Post
would i be best seeking out a local attorney?
Immigration is federal - the lawyer can be located anywhere!


Im on a 2 year conditional visa...
To clarify, you have a 2-year conditional green card. You are a permanent resident (PR) of the US - and you continue to be a PR until an Immigration Judge (IJ) says you're not.


... am not sure what happens if we got divorced?
Divorce and immigration are two separate issues. You must file to remove conditions on your status within the 90-day window immediately prior to the expiry date on your green card. If you do not file, you stop being a US permanent resident the day after your GC expires... so, as long as you file, you're safe - and are allowed to remain in the US while the application to remove conditions is being processed.

As an aside, your wife - as your sponsor - will continue to have a financial obligation under the I-864... whether you're divorced or not!


... what are my rights to stay in this country to be near my son?
Having a US citizen son doesn't confer any rights to stay in the US. However, as long as you file an I-751 within that 90-day window, you'll be reasonably safe for a while.

For what it's worth, most people who file the I-751 waiver (as opposed to a joint application) are successful and eventually get a 10-year (non-conditional) green card.

Remember - you are a PR, and you continue to be a PR until an IJ says you're not.

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Old Apr 29th 2013, 12:15 am
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Default Re: Divorce Conditions

Originally Posted by soccer20 View Post
would i be best seeking out a local attorney?
You actually need two attorneys - an immigration attorney and a divorce attorney - they will, almost certainly, not be the same person.
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Old Apr 29th 2013, 5:51 pm
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Default Re: Divorce Conditions

No, you're not. You're not on any visa, you're a conditional Permanent Resident.
Originally Posted by soccer20 View Post
Im on a 2 year conditional visa ...
Find a good divorce attorney who knows and has worked with a good immigration attorney, or a good immigration attorney who knows and has worked with a good divorce attorney. You don't want to do or agree to anything in the divorce action that could negatively affect your petition to remove the conditions on your PR status.
Originally Posted by soccer20 View Post
... and am not sure what happens if we got divorced? what are my rights to stay in this country to be near my son?
Regards, JEff
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Old Apr 29th 2013, 9:44 pm
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Default Re: Divorce Conditions

Originally Posted by md95065 View Post
You actually need two attorneys - an immigration attorney and a divorce attorney - they will, almost certainly, not be the same person.
But unfortunately they will both likely charge the same kind of fees! Good luck. Maybe try some big law school clinics if your near one for possible assistance but they usually steer clear of divorce law. Other than that get used to a new car payment aka your lawyers monthly fees.
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Old May 1st 2013, 2:59 am
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Default Re: Divorce Conditions

Originally Posted by soccer20 View Post
I have been married to my wife for 13 months, we have an 11 month old son.
Im on a 2 year conditional visa and am not sure what happens if we got divorced? what are my rights to stay in this country to be near my son?
With a 2 year conditional Permanent Resident card (not visa), you do have possibilities to stay in US.

It is not stated in your post, what the state of your marriage is, the circumstances will mitigate one way or the other. You may qualify for a "waiver". I am assuming she is a US citizen, and you married in US on K1 visa? And the child was born in US?

You may also qualify to stay married and gain a 10 year green card,via removal of conditions, but again your circumstances will dictate this.

Unfortunately, having a child does not give you any extra "rights" immigration-wise.

Lawyer consultations as mentioned in earlier posts are a good plan. Or share the details here?
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Old May 1st 2013, 1:24 pm
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Default Re: Divorce Conditions

Originally Posted by RICH View Post
I am assuming she is a US citizen, and you married in US on K1 visa?
You assume incorrectly.

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