Got a Temporary Greencard but dont know what to do now

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Tom20 - 30 Mar 2005 11:17 GMT

Hi All, please help me out of this problem. I am married to a american
citizen and i got my temporary green card in 1 year till now everything
was fine but lately me and my wife we don't get a long very well we
started fighting a lot these days. Everyday somekinda of a argument
comes up she starts arguing with me i cannot take it anymore and she
said she don't want to live with me anymore and she wants divorce from
me. Now i have my temporary green card but after two years before it
expires i have to apply for the permanent one. My question is what
happens if i file divorse and after 1 year i apply for my permanent
greencard still i will be able to get my permanent greencard. Anybody's
help is appreciated.

Thanks a lot
Tom

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ian-mstm - 30 Mar 2005 14:24 GMT

> Hi All, please help me out of this problem. I am married to a american
> citizen and i got my temporary green card in 1 year till now
[quoted text clipped - 10 lines]
> Thanks a lot
> Tom

If you divorce, yes - as long as the marriage was entered into in good
faith. To file a waiver of the joint filing requirement, you must be
divorced. I don't believe you can apply alone if you are only separated
unless you've been the victim of abuse.

Ian

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bionomique - 30 Mar 2005 14:43 GMT

> If you divorce, yes - as long as the marriage was entered into in good
> faith. To file a waiver of the joint filing requirement, you must be
> divorced. I don't believe you can apply alone if you are only
> separated unless you've been the victim of abuse.
>
> Ian

If you are separated at the point when you would ordinarily jointly file
to remove "conditions" on your status, you should follow these new
procedures, issued by USCIS in December 2004.

http://www.bcis.com/images/I-751-Removal.pdf

Good luck.

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Folinskyinla - 30 Mar 2005 15:21 GMT

> Hi All, please help me out of this problem. I am married to a american
> citizen and i got my temporary green card in 1 year till now
[quoted text clipped - 10 lines]
> Thanks a lot
> Tom

Hi:

To be pedantic, you do not have a "temporary" green card -- you have
"permanent residence" but subject to a 2-year "condition." There IS a
status called "temporary residence" but it does not apply to you.

If you get divorced, then you can file for a "good faith" waiver on the
I-751. BTW, once the divorce is final, the 90 day window does not
apply. You can file BEFORE or AFTER the two years.

In cases like yours, I like to file the I-751 as soon as possible --
not only do I collect a fee sooner, it is IMHO, a sign of "good faith"
if you don't wait until the second anniversery of the card. In fact,
the only waivers I have had granted without an interview have been
"early" filings.

Signature

Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

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bionomique - 30 Mar 2005 15:37 GMT

> Hi:
>
[quoted text clipped - 11 lines]
> the only waivers I have had granted without an interview have been
> "early" filings.

Slipped in, but we didn't miss it :)

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Folinskyinla - 30 Mar 2005 18:34 GMT

> Slipped in, but we didn't miss it :)

Hi:

I consider it a "win-win" proposition when I can recommend early work
and concomitant early fees. Please rest assured that the recommendation
is independent of my fee considerations. Its a comment that I've passed
on to clients for years to let them know that **I** am happy to give the
advice for two reasons! One of which is that it helps THEM.

Signature

Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

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bionomique - 30 Mar 2005 19:00 GMT

> Hi:
>
[quoted text clipped - 4 lines]
> am happy to give the advice for two reasons! One of which is that it
> helps THEM.

Cool! :)

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Hypertweeky - 30 Mar 2005 19:03 GMT

> Hi All, please help me out of this problem. I am married to a american
> citizen and i got my temporary green card in 1 year till now
[quoted text clipped - 10 lines]
> Thanks a lot
> Tom

Hello Tom:
I am sorry to hear about your marital problems, If I were you I would
engage the services of an immigration attorney.
Good Luck!

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Immigration Forum / USA Marriage Base / March 2005

Got a Temporary Greencard but dont know what to do now