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    Vinlala's Avatar
    Vinlala Posts: 3, Reputation: 1
    New Member
     
    #1

    May 6, 2009, 10:48 PM
    Will it effect to my 10years green card renew if I got divorce?
    My husband he brought me here to the state, as a fiancé visa. Once when I got here we got married. It's been a about a year now since we married. I also got my condition green card for 2years, and I suppost to renew for my 10years things. But the problem is the marriage wouldn't last anymore longer, he hurted me... and we both wanted to have a divorce.

    But I am afraid that if we get divorce now, will if effect to my green card renewal? It was a true marriage. And I wanted to know if we file for a green card renew will there be an interview for that? Since I don't have any interview for my first green card. Because now we both taking time, we live separated already, and m afraid what if the we have the interview for the next green card, will the immagrant officers find out that we live a part? Because I can't lie and pretend that we're living together anymore. But I wanted to make sure it was a true marriage!!

    And if I divorce, can I file and apply a renewal by myself? Will there any problems? If so what will it be?
    DCcityboy's Avatar
    DCcityboy Posts: 648, Reputation: 27
    Senior Member
     
    #2

    May 7, 2009, 08:24 AM

    You are referring to the "removal of conditions" application, I-751.

    You can be divorced and file the I-751 requesting a waiver of the joint filing requirement checking off the box for "marriage in good faith."

    At the R/C interview, you will need to prove up the bona fides of the marriage, specifically (1) cohabitation and (2) co-mingling funds. There are many documents to prove these, but the most important are; joint income tax returns, birth certificate for children born from the marriage, joint bank accounts, mortgage or lease, insurance, major purchases, evidence of travel together and of course pictures during the marriage.

    You should consult with an experienced immigration attorney for more details. Good luck.
    Vinlala's Avatar
    Vinlala Posts: 3, Reputation: 1
    New Member
     
    #3

    May 7, 2009, 03:58 PM
    Quote Originally Posted by DCcityboy View Post
    you are referring to the "removal of conditions" application, I-751.

    you can be divorced and file the I-751 requesting a waiver of the joint filing requirement checking off the box for "marriage in good faith."

    at the R/C interview, you will need to prove up the bona fides of the marriage, specifically (1) cohabitation and (2) co-mingling funds. there are many documents to prove these, but the most important are; joint income tax returns, birth certificate for children born from the marriage, joint bank accounts, mortgage or lease, insurance, major purchases, evidence of travel together and of course pictures during the marriage.

    you should consult with an experienced immigration attorney for more details. good luck.
    Well the things is I don't have any joint bank account, or tax because I didn't have to work when I was with him. And we don't have any kids, but of course we have pictures of our marriage and travelling documents...

    We don't get divorce yet, I wanted to know it is better to file the removal conditional green card together with him or I better divorce first and file it by my own?

    And please be more specifics than that? I am totally desperate...
    DCcityboy's Avatar
    DCcityboy Posts: 648, Reputation: 27
    Senior Member
     
    #4

    May 7, 2009, 09:29 PM

    You should not go to the interview with him if you are planning to divorce. The evidence is just that, evidence. Your sworn testimony at the R/C interview is also good evidence. You may need affidavits from friends, neighbors, co-workers etc. if you were truly married and intended at the time of the inception of the marriage to have a shared life together, and not just for an immigration benefit, you're case is approvable.

    My answer was fairly specific. Good luck.
    Vinlala's Avatar
    Vinlala Posts: 3, Reputation: 1
    New Member
     
    #5

    May 8, 2009, 10:40 PM
    Quote Originally Posted by DCcityboy View Post
    you should not go to the interview with him if you are planning to divorce. the evidence is just that, evidence. your sworn testimony at the R/C interview is also good evidence. you may need affidavits from friends, neighbors, co-workers etc. if you were truly married and intended at the time of the inception of the marriage to have a shared life together, and not just for an immigration benefit, youre case is approvable.

    my answer was fairly specific. good luck.

    I really appriciated that, I'll try my best.
    Thank you so so much

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