Divorce Conditions
May 1st 2013, 2:32 pm
#16
Account Closed
Joined: Mar 2004
Posts: 2
Re: Divorce Conditions
Immigration is federal - the lawyer can be located anywhere!
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.
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!
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.
Ian
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.
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!
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.
Ian
