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I-751 Discussion Forum
Another Divorce while having conditional Green Card. |
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Hello,
You guys have no idea how good it feels to finally find people that are in the same situation as I am. I was married in april of 2004 to a US citizen (I am a citizen of France). At first everything was great but my then-husband turned out to be a big kid and ended up spending all his time on video games (which by the way, he didn't do before we got married). We ended up fighting more and more and eventually got divorced in december of 2006 (well that's when the divorce was final). My first green card (the conditional permanent resident card) expired in march of 2007. I had filled my papers to get it renewed with the conditions removed around december of 2006, after my divorce was final, and my case has been pending ever since. I went for an interview on april 1st of this year and was told that I should get a definitive decision within 6 weeks. Then after about 8 weeks I called uscis and was told that it can take up to 3 months for a decision to be made. In the meantime I was asked to go get my fingerprints taken again (i've had that done about 4 times in the past 4 years). So I called again yesterday because now it is getting close to the 3 months and was told to actually wait 120 days from the date of the interview (so if my calculations are correct, that is 4 months).
In your opinion, what are my chances of getting a positive answer from uscis, after having been given the run around for so long?
Any input would be appreciated. Thank you all for reading.
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to Amarilys:
I don't know the strength of the evidence you submitted to have an opinion. It is very common that waiver applications take years to process - but that does not affect your status. Even if denied, you have a good chance to keep your permanent resident status when you appear in front of an IJ if you have a good lawyer.
Conclusion: Nothing to worry about, you should be fine as long as you are patient and persistent, but getting this sorted out may take years.
Do apply for citizenship as soon as your are eligible.
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to diavatirio:
Hello and thanks for your input. I actually just found out last monday that my case has been approved. I went down to my local office to get another temporary stamp and the immigration officer I spoke to checked in his computer and told me my case was approved but that they have not yet transferred the file to the location that makes the card. Then the guy pushed naturalization papers my way. I will be elligible to apply for naturalization in march of 2010 so this is coming soon. I'm planning on doing it then. I want to thank you again for answering my post and good luck to all of you out there that are still waiting.
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to Amarilys:
Hello Amarilys,
Congrats on your case approval! Hope your'e still hanging with us here on trackitt, especially withing this very vital subject of I-751!
Quick question here..did you use an immigration attorney to file your I-751? If yes did he/she appear with you at your interview? Also could you be kind enough to provide a run through of your interview experience for the I-751 processing. Think that woul dbe helpful to us under this posting!
My situation now: I am curently in divorce proceedings...still have 2 years on my conditional residency. Any info would be helpful through this process of change.
Thank you.
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to teacher:
Sure, let me see if I remember, I filled for the I-751 sometime in March of 2007. Received a request for further evidence in July of that year and turned in my paperwork.
Tidbit of info here, I got married to an American Citizen in April of 2004 and the divorce was final in December of 2006. But we were separated in march of 2005.
Anyways, after turning in the requested info in July, I received another request for more evidence in December of 2008 and again submitted the requested info (even though it was the exact same stuff I had already sent in). I then received a letter sometime in March of 2009 requesting me to go in for an interview on 04/01/09. Then they told me that I should get a final decision in the mail within 6 weeks. 3 months later, still nothing. So I made another InfoPass appointment to get (yet) another stamp in my passport, authorizing me to work and travel. When I went there, the immigration officer I talked to did some research in the computer after I had told him how long I had been waiting and told me that my case had been approved but my file still had not been transferred to the card issuing location. He said he would request my file and get it to that location.
Then on July 21st I received a case status update stating that my card had been ordered. And today, my card was in the mail.
I hope this helps
Good luck to all of you out there that are still waiting.
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to Amarilys:
Dear Amarilys,
I have a similar situation and I wanted to ask you what uscis asked as a proof or evidence? I have been married for 1,5 years. Got a green card 6 months ago and my conditional GC expires in Feb 2011. Things are not working out, with that bad economy he lost his job and doesn't want to do anything but watch TV. We are close to getting divorced, Im just worried to get denied on my permanent GC. cuz from my online research it all says that you have to show that you have had a house or a child together for them to approve you filing separate...Also, some attorneys I talked to say unless you haven't been married for 2 yrs, its a denial. pls share ur thoughts. thanks a lot!!
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to svetlana:
Well, I was married technically for one year, and we ended up separating after that. We don't have any children together and all we did was rent. Both our names were on the lease. Any type of evidence that proves your marriage is legitimate will do, but make sure you bring as much info as you can with you. Affidavits of people who know you and that your marriage is legitimate. Bills, cars, insurance, everything you can. My ex husband and I separated amicably so that helped, because he still helped me out to get my 10 years green card. Have you tried to work it through with him though? Have you talked about the situation? Every couple goes through things like that, it's not unusual, but communication is the key.
I hope this helps, please let me know if you have more questions.
Valerie
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to Amarilys:
Thank you, Valerie!
you say your husband helped you to get your 10 year green card. My husband is very nice and he also will, I was only told by my attorney that if Im divorced and file separate its just me, he is not going to be involved..so according to you there is smth he can do?
what questions immigration asekd when you came for an interview? Your situtaion is like a hope for me cuz 2 attorneys I talked to told me to wait cuz its automatic denial unless u have been married for 2 yrs...So i was scared to apply cuz we have no kids nor house..
thank you for ur feedback!
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to svetlana:
Well there always is a risk that they may deny you! When I went in for my interview the officer wasn't sure she was going to be able to grant my request because I did not have a whole lot of evidence but she told me that a letter from my ex-husband would have definitely helped my case. In the letter, he would need to state that you 2 did not get married just in order for you to get permanent residency. Also any type of joint utility bill, lease, insurance policies, vehicles that you both purchased, taxes filled jointly, things like that will help. Letters from people who know the 2 of you and know that you didn't get married in a fraudulent way would help too. And I was officially married only for over a year, then I started the procedure of divorce.
If you have any more specific questions, please let me know. Make sure you keep in mind that it is not guaranteed that they will let you stay, that's why the more evidence you have, the better.
Good luck.
Valerie
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to Amarilys:
Thank You, Valerie, for your prompt replies. If you don;t mind I will come back with whatever questions in the future!
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to Amarilys:
Reading your response has been very helpful. Can you pls. provide me the contact information of the lawyer who helped you in this process? Thanks.
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