Hi,

I hope someone can answer my 2 questions. I badly need some good advice.

1. I got a conditional Green card through marriage to a US citizen. We got divorced last month. My entry into the US was based on a H1B visa. The divorce got ugly and she slapped a false domestic violence case against me. Anyway, she later dropped the charge because her case was not strong and I was not convicted of anything. Then we ultimately got divorced. At the time of the divorce, we signed an agreement. In the divorce agreement its mentioned that our marriage was genuine and not for immigration purpose. Its mentioned that since she had irreconciable differences with me, we are getting divorced.

My question is: What are my chances of getting a permanent green card. I have a lot of evidence with respect to the marriage like pics, vidoes taken during marriage and pics of us after marriage, email exchanges, some joint bank stmts, car insurance docs and couple of other things. It was definitely not a fraud marriage. It took place in India with all the customs and traditions.

I know I need a good immigration lawyer and I am looking into it before I apply the I751.

2. I got a speeding ticket recently to which I am pleading not guilty so that I can get the fine and the points reduced or no points at all on my license. How will this affect my green card processing when I apply the I751. Should I mention this in the I751 application? I have yet to get a trial date. I just want to know how to handle this keeping in mind my immigration issue. Please explain me this statement of I751 instructions.

NOTE: Unless a traffic incident was alcohol or drug related, you do not need to submit documentation for traffic fines and incidents that did not involve an actual arrest if the only penalty was a fine of less than $500.00 and or points on your driver's license.

I appreciate the response and would be thankful for the same.

You can file the I-751 RC now that you are divorced. You will need to prove up the bona fides of the marriage for your removal of conditions, basically cohabitation and co-mingling of funds. It sounds as if you have the right kind of documents. As long as it was a true marriage and not only for an immigration benefit, you should be approved.

You need to bring the charging documents and any records indicating the DV case was dismissed, as this is a ground of inadmissibility.

Regarding your ticket, it should be fine, as it is a statutory violation, definitely list it and show the disposition.

If this was helpful, rate this answer! Good luck.

DCCityboy or anyone else,

Please explain me this statement found in the I751 instructions:

NOTE: Unless a traffic incident was alcohol or drug related, you do not need to submit documentation for traffic fines and incidents that did not involve an actual arrest if the only penalty was a fine of less than $500.00 and or points on your driver's license.


And what does this mean:

You need to bring the charging documents and any records indicating the DV case was dismissed, as this is a ground of inadmissibility.

Its best to let the interviewing officer see and make that determination. You don't want the officer thinking you are witholding information. Please note that if you have it and don't need it, that is better than an officer wanting to see what it was about and you not having the documentation. They will likely issue an I-72 RFE and delay the adjudication of the case.

Anything related to a domestic violence charge should be brought to the interview in case the officer wants to see it. There are 10 grounds under INA section 212 that allow for the service to deny permanent residence. violence against, similar grounds for deportation under INA section 237. Again better to have it and not need it.