Divorcing an alien before 2 year period

[SRSnyder]

I am currently separated from the immigrant that I married and am wanting to get a divorce. He just received approval for adjustment of status but we have not been married for 2 years, so he must file the 751 in 2002 to obtain a permanent green card. What happens if we divorce before we were married 2 years? What happens if we divorce after 2 years but before 2002? I really want out of this marriage but don't want him deported. Please help.

Thanks!
SS

 

[usdeeper]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by SRSnyder:
I am currently separated from the immigrant that I married and am wanting to get a divorce. He just received approval for adjustment of status but we have not been married for 2 years, so he must file the 751 in 2002 to obtain a permanent green card. What happens if we divorce before we were married 2 years? What happens if we divorce after 2 years but before 2002? I really want out of this marriage but don't want him deported. Please help.

Thanks!
SS <HR></BLOCKQUOTE>

Sorry for the lazyness.. I knew where the answer was and already typed...


My marriage fell apart and we are divorced. Can I still get the conditional status lifted?

A..The I-751 is normally filed by a married couple, but if you have divorced, or your US Citizen spouse has died, you may file the petition on your own. The I-751 form itself contains provisions for a waiver of the requirement to file jointly with the US Citizen spouse. You may file the I-751 immediately upon divorce or the death of your spouse, and you will be required to provide evidence that you married in good faith, rather than to just get a green card by marrying a US Citizen. You will be required to submit a copy of the divorce decree or death certificate.


However, there is no guarentee a filing by a divorced alien would be approved.. but there is a provision for it.

 

[SRSnyder]

Are the chances of receiving approval on the 751 better if you were married 2 years or not? My soon to be x is telling me that we must stay married at least 2 years for him to have a chance and I do not believe that will make a difference. Does anyone know the chances of the 751? I really need to make a decision soon.

Thanks for all your help so far!
Sheila

 

[usdeeper]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by SRSnyder:
Are the chances of receiving approval on the 751 better if you were married 2 years or not? My soon to be x is telling me that we must stay married at least 2 years for him to have a chance and I do not believe that will make a difference. Does anyone know the chances of the 751? I really need to make a decision soon.

Thanks for all your help so far!
Sheila<HR></BLOCKQUOTE>


First of all, are you sure he *did not* marry you for the green card ?

Second, I have no stats to show the success of the I751 when divorce.. but I assume that the longer you stay married (and have proof of it) the better the chances.. ie, if you divorce straight after the AOS interview then it is quids in that it will look fishy.

 

[SRSnyder]

We got married for the right reason but it fell apart when I lost my job and he couldn't find one. I moved 2200 miles away to accept a good job and he refused to move.
We have been separated for over 6 months and I would like to move on with my life but feel that I am tied to him forever just for the Green Card. I really want out now that I know what he is really like.
Any feedback is greatly appreciated!

Thanks

 

[usdeeper]

I am surprised you are being so nice and trying to ensure that he remains in the US. He does not sound like he turned out to be that nice of a person or very accomadating.

Anyway, I can not help you with stats or anything. I suggest YOU do what YOU have to and if he ends up being allowed to stay, then fine. If not, then well, thats life and it is his own fault for not being more accomadating when it was you who had the job etc..

Good luck...