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  • Green Card/After Divorce

    Hello,

    My name is Kyle Wood. I am in a dire situation that I hope you can help me with.

    I married my wife almost 2 years ago. She is Canadian and currently holds conditional residence in the USA due to our marriage.

    We have been having serious difficulties over the past 8 months and I filed for divorce. I love her very much, but the marriage is not working out. I WANT NOTHING MORE THAN TO HAVE HER GET HER GREEN CARD. Is it possible that she can still get her green card, because we truly did get married in good faith, it just hasn't turned out as we both wished.

    Please, any advice you may have on this matter would be greatly appreciated.
    Immihelp Support
    No legal advice. Use at your own risk.

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  • #2
    No, she can't
    Immihelp Support
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    • #3
      well, why did you file for divorce if all you want is for her to get her green card? Is this how you express your love?!
      No wonder then that your marriage did not work out. Sorry!
      But did you divorce or are you still in the process?
      If you haven't finalized the process then quit it and file the immigration papers (I-751) for the green card.
      Give your marriage one more chance, talk it over, compromise, if you are good people you will find a way.
      Then if you don't work it out after she gets her 10-year card get a divorce and everyone do whatever you want!
      Good luck!
      (Gosh, I am glad I am not a marriage counselor!!!)

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      • #4
        I beg to differ by yes she can

        Yes She can file I-751 by herself. All she has to do is to prove that she enetered the marriage in good faith. It will usually end up in an interview but if your marriage was bona fide while it was, she will get permanent green card.

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        • #5
          thank god u arn't sometimes a hard hand is required. thanks for the chuckle though.
          Last edited by mariejm; 11-03-2009, 12:44 PM.
          Disclaimer:Please bear in mind, my comments are not to be construed as legal advice. These are just my reasonings, based on my personal immigration experience or what I have read. Pay for legal advice or call USCIS to verify my comments.

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          • #6
            Originally posted by jain_pk View Post
            Yes She can file I-751 by herself. All she has to do is to prove that she enetered the marriage in good faith. It will usually end up in an interview but if your marriage was bona fide while it was, she will get permanent green card.
            Jain, I have to agree with you, as I know of this happening. insurmountable burden of proof is on the applicant, but it can be done. personally I think there is more to this post than is being disclosed. maybe that's why immihelp responded in the negative.

            Disclaimer

            Hey dont take my post as legal advice!!! It's just a personal opinion.
            Disclaimer:Please bear in mind, my comments are not to be construed as legal advice. These are just my reasonings, based on my personal immigration experience or what I have read. Pay for legal advice or call USCIS to verify my comments.

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            • #7
              mariejm,

              If the marriage is bonafide, there automatically is proof like pictures, friends letters of reference, joint bank accounts, property ownerships, leases, memberships, insurance statements etc etc etc

              So even though I know that this is a burden on the immigrant, however, if the marriage was indeed in good faith there is a lot of proof.

              Immihelp, your input has always been very important and hence would like to understand why you feel the immigrant can't get GC.

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