gtalexad

I have a question about my status in the US after a divorce. I have been married to a US citizen for five years but recently got separated from my wife. IT looks like a divorce will go through in the next few month. We had our interview with the INS in spring 2001 and i received a plastic green card a few month later. The plastic card is valid until sept 2011, a bit over then years. The status on the card is IR6. Is there any way for me to tell that this indicates unconditional permanent residency? I read somewhere that a 10 year card usually always indicates this, but maybe I am wrong? Prior to the green card I got two EADs. Then around the time the second EAD expired I filed some additional paperwork, had the interview and finaly received a greencard in the mail.

Anyway...I wonder if I need to expect any trouble if I get divorded in the next few month?

Alex

Rete

Conditional status is CPR or CFR and the card is good for only two years.

Your status is permanent resident with a ten year green card. All you have to do is before its expiration in 2011. The INS website cover page has a link to what to do.

Rete

Bill

You should have no problem getting a divorce and maintaining your
permanent resident status because you have an unconditional green
card. You could still remove conditions with a two-year green card if
you can prove to the INS that your marriage was bonafide and was not a
marriage of convenience.

gtalexad <[email protected]> wrote in message
news:<[email protected]>...
    > I have a question about my status in the US after a divorce. I have
    > been married to a US citizen for five years but recently got separated
    > from my wife. IT looks like a divorce will go through in the next few
    > month. We had our interview with the INS in spring 2001 and i received
    > a plastic green card a few month later. The plastic card is valid until
    > sept 2011, a bit over then years. The status on the card is IR6. Is
    > there any way for me to tell that this indicates unconditional
    > permanent residency? I read somewhere that a 10 year card usually
    > always indicates this, but maybe I am wrong? Prior to the green card I
    > got two EADs. Then around the time the second EAD expired I filed some
    > additional paperwork, had the interview and finaly received a greencard
    > in the mail.
    > Anyway...I wonder if I need to expect any trouble if I get divorded in
    > the next few month?
    > Alex

gtalexad

Thanks everyone for your help. I was thinking along those lines, but since the INS website is not to clear on these situations I was checking if someone els ewas in a similiar situation or knew more about it.

Alexander

Folinskyiinla

gtalexad <[email protected]> wrote in message
news:<[email protected]>...
    > I have a question about my status in the US after a divorce. I have
    > been married to a US citizen for five years but recently got separated
    > from my wife. IT looks like a divorce will go through in the next few
    > month. We had our interview with the INS in spring 2001 and i received
    > a plastic green card a few month later. The plastic card is valid until
    > sept 2011, a bit over then years. The status on the card is IR6. Is
    > there any way for me to tell that this indicates unconditional
    > permanent residency? I read somewhere that a 10 year card usually
    > always indicates this, but maybe I am wrong? Prior to the green card I
    > got two EADs. Then around the time the second EAD expired I filed some
    > additional paperwork, had the interview and finaly received a greencard
    > in the mail.
    > Anyway...I wonder if I need to expect any trouble if I get divorded in
    > the next few month?
    > Alex

Dear Alex:

I'm an immigration attorney in L.A. I've been practicing for nearly
27 years now.

Your green card is a 10 year green card BUT I have one more question:
when were you married? Your green card was probably approved in
September 2001 [ten years less than the expiration date]. If you were
married after that date in September 1999, then INS made a mistake.

This is a mistake that I've seen INS make. You must remember that you
canNOT rely on INS's mistakes!! If you should have had the two-year
card, then you should file the I-751 when your divorce is final.

If you were married BEFORE September 1999, you are just fine.

gtalexad

We were married in 1997 and just had our 5th aniversary in August. Due to the fact the I had to chnage my status from the standard visitor visa to permanent residency I got my first EAD in 1999. Then when the second EAD was just expired in early 2001 i went back to the attourney that filed my initial paperwork for me. I am not sure what all we filed at that time, but a few month laterin July we went to an interview at the INS here in Atlanta. After mailing in some extra paperwork like bills, leases etc. I received a letter standing that my application was approved and the later got the actual plastic card in the mail. I could ask my attorney here what all we filed at that time, but she closed here doors here and moved to NYC.

Is there any way that would allow me to check with the INS what my status is?

Thanks,
Alexander

Eoin

I should be divorced in 9 days (I cannae wae jimmy!!)

THen I have 19 days to get the 751 filed - will be interesting to see
how this whole thing goes. Whats the worst they can do - tell me to go
home ??

Bill wrote:

    > You should have no problem getting a divorce and maintaining your
    > permanent resident status because you have an unconditional green
    > card. You could still remove conditions with a two-year green card if
    > you can prove to the INS that your marriage was bonafide and was not a
    > marriage of convenience.
    > gtalexad <[email protected]> wrote in message
    > news:<[email protected]>...
    >>I have a question about my status in the US after a divorce. I have
    >>been married to a US citizen for five years but recently got separated
    >>from my wife. IT looks like a divorce will go through in the next few
    >>month. We had our interview with the INS in spring 2001 and i received
    >>a plastic green card a few month later. <snip>
    >>Alex

Sophie T

He said he has been married for 5 years, so it had to be before 1999.

"FolinskyiInLA" <[email protected]> wrote in message
news:63a991a9.0209171647.-
[email protected]...
    > gtalexad <[email protected]> wrote in message
news:<[email protected]>...
    > > I have a question about my status in the US after a divorce. I have
    > > been married to a US citizen for five years but recently got separated
    > > from my wife. IT looks like a divorce will go through in the next few
    > > month. We had our interview with the INS in spring 2001 and i received
    > > a plastic green card a few month later. The plastic card is valid until
    > > sept 2011, a bit over then years. The status on the card is IR6. Is
    > > there any way for me to tell that this indicates unconditional
    > > permanent residency? I read somewhere that a 10 year card usually
    > > always indicates this, but maybe I am wrong? Prior to the green card I
    > > got two EADs. Then around the time the second EAD expired I filed some
    > > additional paperwork, had the interview and finaly received a greencard
    > > in the mail.
    > >
    > > Anyway...I wonder if I need to expect any trouble if I get divorded in
    > > the next few month?
    > >
    > > Alex
    > Dear Alex:
    > I'm an immigration attorney in L.A. I've been practicing for nearly
    > 27 years now.
    > Your green card is a 10 year green card BUT I have one more question:
    > when were you married? Your green card was probably approved in
    > September 2001 [ten years less than the expiration date]. If you were
    > married after that date in September 1999, then INS made a mistake.
    > This is a mistake that I've seen INS make. You must remember that you
    > canNOT rely on INS's mistakes!! If you should have had the two-year
    > card, then you should file the I-751 when your divorce is final.
    > If you were married BEFORE September 1999, you are just fine.

[email protected]

gtalexad wrote:
. The status on the card is IR6. Is
    > there any way for me to tell that this indicates unconditional
    > permanent residency?

Conditional Resident would be CR...
Not a surprise since you had been married more than 2 years at the time
of the interview.

[email protected]

FolinskyiInLA wrote:
    > Dear Alex:
    > I'm an immigration attorney in L.A. I've been practicing for nearly
    > 27 years now.
    > Your green card is a 10 year green card BUT I have one more question:
    > when were you married? Your green card was probably approved in
    > September 2001 [ten years less than the expiration date]. If you were
    > married after that date in September 1999, then INS made a mistake.

He said they have been married for 5 years. So, that puts the marriage
back to 1997.

[email protected]

Eoin wrote:
    > I should be divorced in 9 days (I cannae wae jimmy!!)
    > THen I have 19 days to get the 751 filed - will be interesting to see
    > how this whole thing goes. Whats the worst they can do - tell me to go
    > home ??

Yes... They can.

Des

No, he doesn't - he has an UNCONDITIONAL permanent resident card (thus
classified IR6), which means that the divorce does not impact his
status.

- Des

[email protected] (Bill) wrote in message
news:<[email protected]. com>...
    > You should have no problem getting a divorce and maintaining your
    > permanent resident status because you have an unconditional green
    > card. You could still remove conditions with a two-year green card if
    > you can prove to the INS that your marriage was bonafide and was not a
    > marriage of convenience.

Des

"I have been married to a US citizen for five years but recently got
separated.."

That statement would indicate to me that he was married more than two
years when the adjustment interview took place...!

- Des

    > > Your green card is a 10 year green card BUT I have one more question:
    > when were you married? Your green card was probably approved in
    > September 2001 [ten years less than the expiration date]. If you were
    > married after that date in September 1999, then INS made a mistake.

Des

Alexander,

my status also indicates IR6. IR6 means you are a permanent resident
who has been married for more than 2 years (therefore classification
"IR") and adjusted from a tourist, F, or J-visa (therefore the "6").
You should have recieved a welcome letter at some point...

So no need to worry!
- Des

gtalexad

Hi Des,

I did receive a letter from the INS of course, though not much welcome in there . Kust said that my case/application jas been approved as of date x....no mention of what got approved.
Thanks for all your help. Certainly makes me feel much better. The divorce is hard enough withiut having to worry about all this.

Alex