Hi,

I got my Green card through marriage to a US citizen girl in 2007. It was an arranged marriage in India. Arranged means our parents arranged it and it went through all the customs and traditions. I have all the proofs that it was a genuine marriage like pics, videos, wedding cards, some joint bank statements (she later cancelled this account so that I don't have the evidence), joint car insurance. Since we were staying together with her parents, I don't have any lease or rental agreements. I also don't have any tax docs filed jointly because before I could do it this coming year we got separated.

I already had a H1B visa with me and I was supposed to join my employer in another state. But my parents got me married to that girl and I came to US on the H1B visa and then she applied for my AOS and I got my conditional green card which is valid till 2010. Because of her parents wish and her wish, I did not join my employer and they told me to find a job in New York. Once I got my green card, my H1B was revoked.

The problems with my marriage started 10 months after the marriage. I got a job and I wanted to move out of my in laws place and live an independent life with my wife because of the constant nagging and mental tension. To this their parents objected and my wife also. They said that I have to live with them until she finishes her studies (which according to me is wrong as I came to know later that they wanted me to live with them forever which they never mentioned at the time of marriage).

So they threw me out of their house saying they didn't need me and to get out of their daughters life. They stole my green card, my marriage certificate (I got a duplicate now). My wife was only a mute spectator to this. We have been living separately for 6 months and now she has filed for a divorce. I also don't want to live with her now. She has also served me with a domestic violence restraining order on her parents order that I made terroristic threat to her. This is entirely WRONG. Only because I didn't sign the divorce acknowledgment, she did it. I was not arrested or nothing, just that I have to go the court in order for her to get the permanent restraining order. So you guys see, these guys are a bunch of evil. I really want to get out of this.

Now since the divorce will be over in a few months and I will have the divorce decree, I want to apply to get the conditions removed and get a permanent GC. My questions are:

1. As soon as I get the divorce decree should I file the petition I-751 or wait till the time the GC gets expired to file in 90 days. I mean is it a law that I have to apply for the permanent green card as soon as I get divorced or can I wait till the 90 day period before it expires?

2. How much time will it take for this process to complete?

3. What are my chances of getting the permanent GC?

I thank you all for the patience in this regard. Please help!!

* If your divorce is not final, you must submit I-751 90 days before expiration date on GC, but...
* if your divorce is final, you can file I-751 immediately.. you don't need to meet the 90 days rule.

The chance is not so good because of the domestic violence charge. Since you did not give much details, I can't tell exactly.. but sure this has implication on your case.

I strongly recommend you retain an immigration attorney specialized in family based visas..

lawanwadee,

Thank you for the response. I will of course retain an immigration attorney. But, please let me know what other details you want?

The domestic violence issue plays a big role here, plus you need proofs that marriage is genuine and you entered the marriage in good faith. Not so easy to bring these together in paperwork. Bring all related documents to the attorney.

Hi,

I have been regularly visiting this site for some good opinions. Keep up the good work guys.

I will make my story short. I came to the US on a H1b (work visa). Before coming I got married to US citizen girl who also happened to be my cousin. After I came here she got my status adjusted and I got a conditional gc which expires in 1.3 years. 7 months back my in laws and me had an argument. They kicked me out of their house and my wife is also not living with me. My wife falsely trapped me into a domestic violence case in a terroristic threat complaint against me. She has also filed a criminal complaint against me.

My father in law has decided that he will either put me in jail or get me deported. Recently in the court hearing the domestic violence charges against me have been dismissed by the court and the divorce hearing is coming up pretty soon. What they say is that, they are going to send a complain to the INS saying that we are divorced and to get me deported.

Will I lose my conditional green card status, if I get divorced? Will I be deported or can I stay here and apply for the permanent green card on my own? My wife and her parents are hell bent on getting me deported. What will INS do to me? As far as I know, I have a green card which is still valid for a year and I think I can't be deported. Please advice. I know that I need an experienced immigration attorney. I am looking out for one.

What are the chances of my deportation? What does the immigration law state about this? I was not arrested, detained nothing except that I was only charged.

This might be a tough case. If you have concrete evidence stating that you entered marriage in good faith, this marriage is not a sham marriage, you are a victim of false charges, etc. Your case may be granted but you need the best immigration attorney.

Well concrete evidence is I have wedding and reception pics, pics taken after our marriage, videos of our marriage. Our marriage was done with whole 9 yards customs and traditions with over 1000 people attending the marriage. It was definitely not a sham marriage. I have few copies of our joint bank acct statements, joint car insurance, emails which we communicated before and after marriage.

Well . What's happen after that?? I really need to know how is work with u in this case

I think you need to bring with you the charge from the court,, because if there no charge that mean you just need to file for 175 and just your mistake to tell your ex wife about you need her for file to remove your GC, u should go away and relax and let them decide what they need,, if need divorce, just singe for it and go through it, if now wait until 90..

Just you don't need to tell them what it your option, they used every thing against u, just stay away from them and do what suppose to do,, just keep what you have from prove you join live with there,