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Extremely complicated situation to remove my conditional green card

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  • Extremely complicated situation to remove my conditional green card

    I'm a foreign national that got married to an american citizen residing in new jersey. We got married in November 2015 in the states (I was in the states on a K1 visa). I got my conditional green card in April 2016. In June 2016, my wife and i decided to visit turkey. as we were transiting through Heathrow airport, my wife stole my conditional green card (so the green card is with her now) then she left me in turkey and went back to the states without telling me (by the way I can't prove in front of the government that she stole it but i know that she took it). I managed to get into the states thanks to my social security number and fingerprints (my social security number indicates that i am a lawful permanent resident until April 2018). I found out that my wife filed a divorce against me (she accused me of marrying her just to get a green card but i didn't! our marriage wasn't a unreal marriage, in fact, it was a true one at first but then things didn't turn out well between me and her). The question is: how do I remove the conditions on my conditional green card so that i obtain a 10 year green card and become a permanent resident?
    please reply
    many thanks in advance
    Last edited by bk002; 08-23-2016, 03:07 PM.

  • #2
    BK,

    You married 9 months ago and got your Green Card 4 months ago. When the divorce is completed, you can apply for a waiver from joint filing for the "Removal of Conditions," or you can wait until 3 months before Aprll 2018 (expiration date for your card to apply for Removal of Conditions.

    Frankly, you don't have much to "take to the table" to justify, to USCIS, that the marriage ended through no fault of your own. Do you have police or hospital reports of being mistreated? Do you have proof of counselling attempts?

    --Ray B

    Originally posted by bk002 View Post
    I'm a foreign national that got married to an american citizen residing in new jersey. We got married in November 2015 in the states (I was in the states on a K1 visa). I got my conditional green card in April 2016. In June 2016, my wife and i decided to visit turkey. as we were transiting through Heathrow airport, my wife stole my conditional green card (so the green card is with her now) then she left me in turkey and went back to the states without telling me (by the way I can't prove in front of the government that she stole it but i know that she took it). I managed to get into the states thanks to my social security number and fingerprints (my social security number indicates that i am a lawful permanent resident until April 2018). I found out that my wife filed a divorce against me (she accused me of marrying her just to get a green card but i didn't! our marriage wasn't a unreal marriage, in fact, it was a true one at first but then things didn't turn out well between me and her). The question is: how do I remove the conditions on my conditional green card so that i obtain a 10 year green card and become a permanent resident?
    please reply
    many thanks in advance

    Comment


    • #3
      How'd you manage to enter the US without your physical PR card? Didn't the airline and CBP ask for it?

      Comment


      • #4
        Daggit,

        U.S. Embassies (consular posts) abroad have the authority to provide travel documents to Green Card holders who "lose" their cards.

        --Ray B

        Originally posted by daggit View Post
        How'd you manage to enter the US without your physical PR card? Didn't the airline and CBP ask for it?

        Comment


        • #5
          My point was rather if OP made some sort of police report that's likely a condition to get a travel document, and if so, whether OP stated his wife "stole away" his card.

          Comment


          • #6
            It would be interesting to get the rest of the story. Losing a Green Card while abroad is a common enough occurrence that the Embassies have a stanard protocol for assisting GC holders to return to the U.S.

            --Ray B

            QUOTE=daggit;465156]My point was rather if OP made some sort of police report that's likely a condition to get a travel document, and if so, whether OP stated his wife "stole away" his card.[/QUOTE]

            Comment


            • #7
              Extremely complicated situation to remove my conditional green card

              You come here on a K1 and get married. Five months later you get your conditional greencard and 2 months later your spouse lures you outside the country, takes your greencard and basically dumps you outside the U.S. thinking she has prevented you from coming back in and then immediately upon returning, files for divorce and states you married her only to gain permanent residency?

              Real marriages do not look like this. Either is was not real from the beginning or something is seriously wrong. Either way your conditional greencard will be revoked. They issue "conditional" ones to start with for a reason.

              This is my opinion and not legal advice. Use of this information is strictly at your own risk.

              Trinity71

              Comment


              • #8
                I think it more likely that his Conditional Status will run its course, but he will lack sufficient evidence to remove conditions for the 10-year card. On the other hand, if he attempts to "Remove Conditions" sooner than the card expiration, based on divorce, he may have a chance of a favorable outcome for his I-751 application, IF HE PRESENTS GOOD EVIDENCE OF THE RELATIONSHIP BEFORE THE DIVORCE.

                Originally posted by Trinity71 View Post
                You come here on a K1 and get married. Five months later you get your conditional greencard and 2 months later your spouse lures you outside the country, takes your greencard and basically dumps you outside the U.S. thinking she has prevented you from coming back in and then immediately upon returning, files for divorce and states you married her only to gain permanent residency?

                Real marriages do not look like this. Either is was not real from the beginning or something is seriously wrong. Either way your conditional greencard will be revoked. They issue "conditional" ones to start with for a reason.

                This is my opinion and not legal advice. Use of this information is strictly at your own risk.

                Trinity71

                Comment

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