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  1. #1
    Join Date
    Apr 2009
    Posts
    4

    Question Divorcing Before Removing Conditions on a Temporary Green Card

    Hi,

    I entered the marriage in good faith and we lived together and all. I was given the permanent residence card on 2007 and it is to expire now in a few months. We are still legally married but no longer together. In fact, she has been living out of the country since November 2008. She is willing to help me renew it, but I was told that I should get a divorce and then file the I-751 to renew it stating that we entered the marriage in good faith but it didnt work.
    If I get a divorce and file the I-751 to renew, am I still eligible to stay permanently or Is it going to change anything, even to get citizenship eventually?
    Note that I have a lease agreement in our name since september 2008, she is covered on my car insurance, as a primary beneficiary of my retirement account and both 07 and 08 taxes were filled jointly. That is (along with pictures) pretty much all I have to prove that we were/are together.
    I rather tell the truth, but what are my chances of staying permanently if i get the divorce first?

    thank you from Florida.

  2. #2

    Post Re: 1st 2 Year Green Card to Expire. Can I Divorce Before Remove Conditions to Perman

    That is why the green card you have is called a Temporary GC. You need to stay together to be able to get the permanent one. you had the temporary gc for 2 yrs now and as you say it is about to expire,so you can apply for the condition removal. And the good thing is that, you guys are still in good terms. You need to get approved for removal B4 getting a divorce.
    Good luck!

  3. #3
    Join Date
    Apr 2009
    Posts
    4

    Default Re: 1st 2 Year Green Card to Expire. Can I Divorce Before Remove Conditions to Perman

    Hi,

    First of all thank you for your answer.
    I have to mention that I explained my situation to an attorney and she suggested that I get divorced first and then file the I-751. She claims that as long as the marriage was entered in good faith, and my wife is willing to testify that, I am eligible for renewal.
    I also saw on the USCIS website the following:
    ".How Do I Remove The Conditions On Permanent Residence Based On Marriage?
    .Who is Eligible?
    You entered into a marriage in good faith, but the marriage was ended through divorce or annulment. "

    So essentially that is my question. Can I still remove the conditions and stay as a permanent resident if I get divorced and then file I-751? It appears to be yes, but I need to be sure.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: 1st 2 Year Green Card to Expire. Can I Divorce Before Remove Conditions to Perman

    When in doubt, pick the advice of your own lawyer over anything you hear from random strangers on the Internet.

  5. #5
    Join Date
    Apr 2009
    Posts
    4

    Default Re: Divorcing Before Removing Conditions on a Temporary Green Card

    Thank all of you for the answers.
    I am very confused because lawyers will not sit down and go over it until they see the money.
    My wife is in Australia and she will be coming back in July I think. That will be too late, since she needs to be physically present here for a divorce to be made, correct?
    that leaves me with the other option of filling jointly and getting her to sign the papers. In case they schedule an interview, can it be rescheduled if she is still out of the country?
    also, do they consider the result of the first interview at all as a basis or is this a new, totally independent interview?

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