divorce before green card renewal

[Angelo1]

hey guys,
I know this is not the right site for this but I have a situation in here and I would like some experiences same as mine. I got married to my wife 4 years ago but the process took so long for obtaining my green card that it didn't came until last year. so now exactly I have 1.5 year with my GC. My wife(soon to be ex-wife decided she wants to get a divorce out of nowhere. But I dont know what is going to happen with me. Can I still renew my GC without putting my status in jeopardy? I am a conditional GC holder as I mentioned in the title. Just want to know if my condition are going to be removed and I can still be a lawful resident in this country. Thank you

[ceo_broker]

hey guys,
I know this is not the right site for this but I have a situation in here and I would like some experiences same as mine. I got married to my wife 4 years ago but the process took so long for obtaining my green card that it didn't came until last year. so now exactly I have 1.5 year with my GC. My wife(soon to be ex-wife decided she wants to get a divorce out of nowhere. But I dont know what is going to happen with me. Can I still renew my GC without putting my status in jeopardy? I am a conditional GC holder as I mentioned in the title. Just want to know if my condition are going to be removed and I can still be a lawful resident in this country. Thank you

My brother had the same situation, he went to the interview to renew his GC , and the divorce was already filed, he asked his lawyer to accompanied him , he demonstrated that the marriage were legitime with evidence, the renew of his GC were approved , now he is a USC

[Angelo1]

My brother had the same situation, he went to the interview to renew his GC , and the divorce was already filed, he asked his lawyer to accompanied him , he demonstrated that the marriage were legitime with evidence, the renew of his GC were approved , now he is a USC

Thank you so much. It makes me feel better but I will still be not at ease till I get this thing done. everything was going fine but not for her apparently. not good enough. I will try to collect evidence

[UScitizenFilingforspouse]

hey guys,
I know this is not the right site for this but I have a situation in here and I would like some experiences same as mine. I got married to my wife 4 years ago but the process took so long for obtaining my green card that it didn't came until last year. so now exactly I have 1.5 year with my GC. My wife(soon to be ex-wife decided she wants to get a divorce out of nowhere. But I dont know what is going to happen with me. Can I still renew my GC without putting my status in jeopardy? I am a conditional GC holder as I mentioned in the title. Just want to know if my condition are going to be removed and I can still be a lawful resident in this country. Thank you

I am not sure I understand how you got a conditional Green Card and not a 10 year green card if you have been married to your wife for 4 years. You’ve had the conditional GC for 1.5 years. Thus, you got it after 2.5 years of marriage which means your interview had to be on or around the 2 year mark.

Does the card say you’ve been a resident for 1.5 years? Or longer?

[Angelo1]

I am not sure I understand how you got a conditional Green Card and not a 10 year green card if you have been married to your wife for 4 years. You’ve had the conditional GC for 1.5 years. Thus, you got it after 2.5 years of marriage which means your interview had to be on or around the 2 year mark.

Does the card say you’ve been a resident for 1.5 years? Or longer?

2 years. and I have gotten the GC less than that. Before we had the interview it was 1 year and 11 months. they just gave me a 2 year conditional GC and there is no such a thing as 1.5 years or 3 years conditional GC. it is 2 years for everybody. and by the way is almost 4 years. I am asking for an advice for my case and not calculation cause if you need the exact numbers I can assure you that I know math and also about laws. but wanted to hear about situations similar to mine

[UScitizenFilingforspouse]

2 years. and I have gotten the GC less than that. Before we had the interview it was 1 year and 11 months. they just gave me a 2 year conditional GC and there is no such a thing as 1.5 years or 3 years conditional GC. it is 2 years for everybody. and by the way is almost 4 years. I am asking for an advice for my case and not calculation cause if you need the exact numbers I can assure you that I know math and also about laws. but wanted to hear about situations similar to mine

I’m sorry this is happening to you. The timing issue is a grey area. How is it possible that they allow you to file the I-751 for removal of conditions 90 days before the 2 year anniversary as a permanent resident BUT you showed up for your interview at 1 year and 11 months of marriage and were given a conditional green card? Write and call your congress person. They should have given you the 10 year card. Did you not present substantial evidence of financial ties?
It puzzles me that they would not just give it to you then. It takes longer than 1 month to produce the card. I’ve read in other forums of people, who were two weeks shy of their second year anniversary, being asked to return on their 2nd year anniversary for their 10 year card.
You will likely need a good lawyer and gather proof that you entered the marriage in good faith. Make nice with your wife. There are too many stories like that around here. Spouses turning their backs on each other like that. Shame on them.
This is where solid affidavits go a long way. Seek counseling from your pastor/priest/deacon whoever and have that person state that you entered the marriage in good faith. Mutual friends, your barber, anyone who may know you two as a couple.
Any receipt for milk and bread matched with a text from you asking her if she can get it from the store, as silly as it may seem, adds up to put together a picture of your daily life with her.

Best of luck!

[Angelo1]

I’m sorry this is happening to you. The timing issue is a grey area. How is it possible that they allow you to file the I-751 for removal of conditions 90 days before the 2 year anniversary as a permanent resident BUT you showed up for your interview at 1 year and 11 months of marriage and were given a conditional green card? Write and call your congress person. They should have given you the 10 year card. Did you not present substantial evidence of financial ties?
It puzzles me that they would not just give it to you then. It takes longer than 1 month to produce the card. I’ve read in other forums of people, who were two weeks shy of their second year anniversary, being asked to return on their 2nd year anniversary for their 10 year card.
You will likely need a good lawyer and gather proof that you entered the marriage in good faith. Make nice with your wife. There are too many stories like that around here. Spouses turning their backs on each other like that. Shame on them.
This is where solid affidavits go a long way. Seek counseling from your pastor/priest/deacon whoever and have that person state that you entered the marriage in good faith. Mutual friends, your barber, anyone who may know you two as a couple.
Any receipt for milk and bread matched with a text from you asking her if she can get it from the store, as silly as it may seem, adds up to put together a picture of your daily life with her.

Best of luck!

hey thank you so much and so sorry for the late reply. My marriage is day by day getting worse. She is still living in the same house as me but abusing with coming late hours and says that she is going to help me and obtain my 10 year green card. but it is still 8 months till I have my interview. My problem is that she doesn't want to get divorced right now and I dont know how are we going to go together and say that we havent been living together for 7 months. Should I get a lawyer for my case and find out my best options. Im also considering joining the army but I dont know if it is possible.

[inadmissible]

The timing issue is a grey area. How is it possible that they allow you to file the I-751 for removal of conditions 90 days before the 2 year anniversary as a permanent resident BUT you showed up for your interview at 1 year and 11 months of marriage and were given a conditional green card? Write and call your congress person. They should have given you the 10 year card. Did you not present substantial evidence of financial ties?

There is no gray area here. When a spouse is admitted as a permanent resident based on marriage less than two years young, USCIS is required to grant permanent residency on a conditional basis. USCIS has no discretion in this situation to grant unconditional residency, their actions are governed by statutes enacted by Congress

[UScitizenFilingforspouse]

There is no gray area here. When a spouse is admitted as a permanent resident based on marriage less than two years young, USCIS is required to grant permanent residency on a conditional basis. USCIS has no discretion in this situation to grant unconditional residency, their actions are governed by statutes enacted by Congress

Absolutely, I see your point here. However, it's worth considering that USCIS ISOs do have discretion to tell you to come back in two weeks or a month for your interview if that's when your 2nd year anniversary of marriage is. It may not be written on paper but there are reports on forums of that happening. "Gray" may not be the best way to describe what I am trying to convey here. There is a human factor and you may be able to appeal to it.
If the interview happens at 1 year and 11 months of marriage, depending upon who you get for an ISO and whether, the ISO feels you have provided evidence supporting a bona fide marriage relationship, you may be asked to return on your anniversary date. What is the sense of giving conditional green cards in Minneapolis, for example, where the wait for an interviews is taking up to 14 months? People are hitting or brushing the two year mark because some field offices are so backed up.
If a couple shows up with limited evidence, I wouldn't expect anything else other than maybe the conditional green card and unless they present substantial evidence with the I-751, there will likely be another interview for Removal of Conditions.

[Angelo1]

[QUOTE=UScitizenFilingforspouse;549420]Absolutely, I see your point here. However, it's worth considering that USCIS ISOs do have discretion to tell you to come back in two weeks or a month for your interview if that's when your 2nd year anniversary of marriage is. It may not be written on paper but there are reports on forums of that happening. "Gray" may not be the best way to describe what I am trying to convey here. There is a human factor and you may be able to appeal to it.
If the interview happens at 1 year and 11 months of marriage, depending upon who you get for an ISO and whether, the ISO feels you have provided evidence supporting a bona fide marriage relationship, you may be asked to return on your anniversary date. What is the sense of giving conditional green cards in Minneapolis, for example, where the wait for an interviews is taking up to 14 months? People are hitting or brushing the two year mark because some field offices are so backed up.
If a couple shows up with limited evidence, I wouldn't expect anything else other than maybe the conditional green card and unless they present substantial evidence with the I-751, there will likely be another interview for Removal of Conditions.[/QUote


Again I don't think that any ISO would ask a couple to return in 2 weeks or a month depending on the cases they have. Our interview was conducted in NYC and the time wait was crazy. Had to wait almost 1 year and a half to get the date of the interview. Almost 2 years to get our conditional green card. Inadmisible has a point. Their actions are governed by statuses. Every case is picked according to the order that were filed and is assigned an officer. IF I could have appealed I would have done so. I am even enlisting in the army and they refuse to let me join because of my conditional green card.

[UScitizenFilingforspouse]

[QUOTE=Angelo1;549470]

Absolutely, I see your point here. However, it's worth considering that USCIS ISOs do have discretion to tell you to come back in two weeks or a month for your interview if that's when your 2nd year anniversary of marriage is. It may not be written on paper but there are reports on forums of that happening. "Gray" may not be the best way to describe what I am trying to convey here. There is a human factor and you may be able to appeal to it.
If the interview happens at 1 year and 11 months of marriage, depending upon who you get for an ISO and whether, the ISO feels you have provided evidence supporting a bona fide marriage relationship, you may be asked to return on your anniversary date. What is the sense of giving conditional green cards in Minneapolis, for example, where the wait for an interviews is taking up to 14 months? People are hitting or brushing the two year mark because some field offices are so backed up.
If a couple shows up with limited evidence, I wouldn't expect anything else other than maybe the conditional green card and unless they present substantial evidence with the I-751, there will likely be another interview for Removal of Conditions.[/QUote


Again I don't think that any ISO would ask a couple to return in 2 weeks or a month depending on the cases they have. Our interview was conducted in NYC and the time wait was crazy. Had to wait almost 1 year and a half to get the date of the interview. Almost 2 years to get our conditional green card. Inadmisible has a point. Their actions are governed by statuses. Every case is picked according to the order that were filed and is assigned an officer. IF I could have appealed I would have done so. I am even enlisting in the army and they refuse to let me join because of my conditional green card.

There are several people who have reported such occurrence in forums.

[Angelo1]

[QUOTE=UScitizenFilingforspouse;549516]

There are several people who have reported such occurrence in forums.

anyway I dont think I have much of a choice now. My still wife left but she still is not asking any divorce. She abandoned me/. And yet I don't know what my chances are to continue my regular life. Spoke with lawyers but they said I should finalize my divorce while I still haven't started it yet. Any suggestions ?

[newacct]

[QUOTE=Angelo1;549524]

anyway I dont think I have much of a choice now. My still wife left but she still is not asking any divorce. She abandoned me/. And yet I don't know what my chances are to continue my regular life. Spoke with lawyers but they said I should finalize my divorce while I still haven't started it yet. Any suggestions ?

If you are sure she won't file Removal of Conditions jointly with you, you must divorce, and file for Removal of Conditions yourself on the basis of divorce. If she won't file for divorce, then you must file for divorce yourself, and the sooner you do it the better, because divorce can take several months in some states, and if your divorce is still pending by the time you must file for Removal of Conditions, it can get complicated.

In the meantime, you should collect as much evidence of bona fide marriage from the period of marriage as you can.

[Angelo1]

[QUOTE=newacct;549538]

If you are sure she won't file Removal of Conditions jointly with you, you must divorce, and file for Removal of Conditions yourself on the basis of divorce. If she won't file for divorce, then you must file for divorce yourself, and the sooner you do it the better, because divorce can take several months in some states, and if your divorce is still pending by the time you must file for Removal of Conditions, it can get complicated.

In the meantime, you should collect as much evidence of bona fide marriage from the period of marriage as you can.

I have evidence cause until a couple of days ago she was leaving with me. According to the law this is abandonment, but it has to pass one year. And she agreed to file jointly with me for the removal of my conditions. But the point is when we have the interview she will admit that we are separated and still want to leave my papers. Guess this is gonna pose kind of some problems for me. It is like saying yes we did this for just papers if you are an outsider and hear this story. And it is 8 months till my GC renewal, many things can happen.

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[QUOTE=Angelo1;549562]

I have evidence cause until a couple of days ago she was leaving with me. According to the law this is abandonment, but it has to pass one year. And she agreed to file jointly with me for the removal of my conditions. But the point is when we have the interview she will admit that we are separated and still want to leave my papers. Guess this is gonna pose kind of some problems for me. It is like saying yes we did this for just papers if you are an outsider and hear this story. And it is 8 months till my GC renewal, many things can happen.

And Still I think I have to go to a second interview. What is done is done is done and marriages come to an end but I dont know if the officers will be so understanding. Except this. during this 3 years and a half I have payed all my taxes and been a law abiding citizen. hope they take this into consideration

[UScitizenFilingforspouse]

[QUOTE=Angelo1;549562][QUOTE=newacct;549538]
I have evidence cause until a couple of days ago she was leaving with me. According to the law this is abandonment, but it has to pass one year. And she agreed to file jointly with me for the removal of my conditions. But the point is when we have the interview she will admit that we are separated and still want to leave my papers. Guess this is gonna pose kind of some problems for me. It is like saying yes we did this for just papers if you are an outsider and hear this story. And it is 8 months till my GC renewal, many things can happen.

- - - Updated - - -

And Still I think I have to go to a second interview. What is done is done is done and marriages come to an end but I dont know if the officers will be so understanding. Except this. during this 3 years and a half I have payed all my taxes and been a law abiding citizen. hope they take this into consideration

It's hard to give you advice if you do not give us enough background on the situation. You could say there are some facts here, though:

1. Your wife can't be trusted. Even if she says now that she will file for removal of conditions with you, who is to say she won't change her mind in a few months?

2. Admitting during the interview that you are separated is a suicide mission.

3. Your situation is past the point of being able to make nice with your wife. Your best bet is to find a good lawyer and file for removal of conditions on your own.

I guess I do not understand what her deal is, though. Why turn on you like that? By the way, when filing for removal of conditions I-751, couples who present solid evidence of commingling of financial ties and evidence of planning for a future together, typically get the interview waived. However, at this point, it does not seem like that is an option for you.