Conditional Green Card

[DerbyGal]

I live in Virginia. A British friend is married to an American citizen. They have been separated 5 months-intend to divorce. Except, his green card was granted as Conditional based on marriage less than 2 yrs at time of application. He's afraid when they divorce he'll no longer be allowed to stay in U.S. His review is in April. What does he need to do to "pass" this review and still divorce the woman? He has been gainfully employed the entire time of his residency, employer has said they will assist him if he needs recommendation letters.

 

[LegalBeagle]

I live in Virginia. A British friend is married to an American citizen. They have been separated 5 months-intend to divorce. Except, his green card was granted as Conditional based on marriage less than 2 yrs at time of application. He's afraid when they divorce he'll no longer be allowed to stay in U.S. His review is in April. What does he need to do to "pass" this review and still divorce the woman? He has been gainfully employed the entire time of his residency, employer has said they will assist him if he needs recommendation letters.

Did he send in his I-751 petition based on still being married or did he at that point inform the INS he was divorcing? Will he be divorced by April? Will his soon to be ex wife help him with the application and attend the interview with him?

Basically, if he attends the interview on his own, he has to prove that the marriage was valid and entered into in good faith. He then has a chance to remain..

 

[DerbyGal]

Re: Re: Conditional Green Card

Did he send in his I-751 petition based on still being married or did he at that point inform the INS he was divorcing? Will he be divorced by April? Will his soon to be ex wife help him with the application and attend the interview with him?

Basically, if he attends the interview on his own, he has to prove that the marriage was valid and entered into in good faith. He then has a chance to remain..

Has not sent in I-751; was told he'd have to come in for review in April when originally given his green card. Has not informed INS of pending divorce; soon-to-be ex at first said she would attend interview but has recently begun to be a little passive-aggressive (took money out of joint account to pay off overdraft and closed overdraft portion of the account; THEN emailed him of her actions). How would he prove the marriage was valid; entered into in good faith?

 

[LegalBeagle]

Are you sure they did not state he should file to remove the conditional part of his visa before 2 years and not to come in for a review? You never 'just' come in for a review. You have to file a petition and then wait forever until you have an interview date. If he has not even filed the I-751, then there is no review date set.

 

[DerbyGal]

Of course you're right. Filing I751 must be done between 4/24 and 7/24/2002 as condition of original conditional residency. He checked his paperwork and found that out. Is just concerned that he'll lose his residency since they are separated. Should he file prior to the 4/24/2002 "deadline" since he has experienced a change in his marital status? Or is he allowed to file early? He did send in his change of address at the time he moved out of the marital home. Thank you for your responses.

 

[LegalBeagle]

Of course you're right. Filing I751 must be done between 4/24 and 7/24/2002 as condition of original conditional residency. He checked his paperwork and found that out. Is just concerned that he'll lose his residency since they are separated. Should he file prior to the 4/24/2002 "deadline" since he has experienced a change in his marital status? Or is he allowed to file early? He did send in his change of address at the time he moved out of the marital home. Thank you for your responses.

There is no point in filing early. Just get everything ready so that he sends off the petition in April 2002. It will be based on him filing alone and not co-sponsored by his spouse. He will need to include a huge amount of evidence to show that the marriage was entered into for the right reasons. Basically proving that at the start of the marriage, then truly entered into the marriage by joint accounts and joining of finances etc ..

Due to the wait time, he will probably get an automatic 1 year extention of his visa until he is called into an interview.

 

[DerbyGal]

Thank you for your help. I believe he'll be in good shape. It's just a matter of proving the joint expenses. She's still living in the marital home. Her name is still on his bank account and she has an account of her own. Hopefully she'll back him up if she is asked to confirm. Again, thank you.

 

[LegalBeagle]

Where in VA?

 

[DerbyGal]

Richmond

 

[grainyb]

Conditional GC and divorce - taxes as proof of Bona Fide marriage

State - New York

I am in a similar position - need to file for divorce so I am posting in this thread. (Not sure if I should start a new one?)
The 90 day period to file for waiver of my conditional residency comes only in September 2013. I am struggling with teh decision of how long I can hold out in this painful marriage. I travel a lot on my job so I am trying to gather information on the go.

Question about timing myself to file for a divorce:

We did not file joint taxes last two years (he refused to and thought it unnecessary as I was a student with 0 income anyway).He is not showing any income, I make the higher income in my household this year at $130k+ p.a.

1. Do we have to wait till next April to file joint taxes as a couple and then file for a divorce?
2. Can the lack of joint taxes be a make or break deal?
3. Can we still file taxes jointly as a divorced couple or while awaiting one? (In the circumstance that he pressurizes me to file for a divorce earlier)


What I have at present

1. Joint bank account history from two years
2. My employer sponsored Health Insurance and Life insurance ( he is the beneficiary along with a parent)
3. Plenty mail that I have received jointly with him at our NY residence
4. Affidavits from his sister's family (who are nice to me and willing to cooperate)
5. Joint Mobile Bill history of 1.5 years
Copy of all email history ever exchanged "with him and his family members" during last 3 years (he never leaves a trail of communication ; he barely ever responds when I tried to discuss problems with him, but I do have a couple hundred from when we started dating and got married)

What I can procure in the coming months
6. Phone/Cable Bills (he is yet to add my name to it, I hope he will keep up the promise)
7. I can purchase a car for us and add him to the title?
8. Affidavits from atleast 5 common friends and neighbors
9. Does Vonage/Netflix accounts count?
10. Should I pay some of the Maintenance on his apartment to get additional proof - This may be hard to accomplish as I get jerked around every time I ask him anything. He makes me wait for ever and responds only a whisker short of a timeline if he ever does. He really saps my energy when he decides to jerk me around on issues - big or small.
11. Videos/pictures from our past showing us together with his family
12. Letters/affidavits from our building management/concierge staff


Any more suggestions on what else I can produce as evidence of a Bonafide marriage? He owns his apartment that we live in - mortgage paid off - so we do not have rental/lease in place.

I have a good relationship with his extended family, they seem like normal nice folks (quite contrary to my husband), and will make an attempt to help me out with this. The kids literally live at our place when I am in town, so there has been some bonding with them that could highlight my authentic integration into my inlaws' family if it is worthy of a mention.

I am open and candid with my spouse, keeping him involved in my thought process and plans. He knows he can trust me (more than I do him ) and am not going to court about domestic abuse or annulment, money etc (I could be eligible for that based on how much evidence I can provide). He has said he will cooperate and support the petition for the waiver, but he is also unpredictable and I do not know how much of it he will deliver.

Apologies for a post too long, but I appreciate answers to any of these.

 

[aldaron]

According to new immigration policy only criminals will be deported per Obama. Your friend has more rights then a US citizen.

 

[Proserpina]

Your friend has more rights then a US citizen.

Which of course is a crock.

But that aside - do you two know you're responding to an ELEVEN YEAR OLD THREAD?

Seriously.

Grainy, please start your own thread.

 

[grainyb]

Sorry about using an old thread. Last time I was admonished for starting multiple threads when one would have sufficed
I will post on a new thread.

Thanks!

GB

Which of course is a crock.

But that aside - do you two know you're responding to an ELEVEN YEAR OLD THREAD?

Seriously.

Grainy, please start your own thread.