Got my conditional green card but what happens if I get divorced?

[CH52236]

Thank you all for your help in advanced...

I got married over three years ago with a US citizen... I have been working since I got my documents and I am doing fine.. the problem is that my wife all of a sudden started changing to the point of yelling, screaming, throwing things at me .. pretty much anger management... I do not want to affect her in any way but she is leaving almost no choice. I know that if I call the police she can get in trouble but I am trying to keep her calmed.

But what happens if I get divorced? would I still be able to obtain my non conditional green card? I pay all the expenses at home.... recently bought a car and as I said... I am doing everything that I assume immigration would find good from an immigrant but my wife is making things difficult. Threats of calling immigration have ceased but it can be just a matter of time before she starts that again.

Any advise would be greatly appreciated. :)

[Laura]

So you are already a PR but conditional still? I believe you will only have to prove that your marriage was valid when it began but I'm not too sure. I was going to look it up for you but I can't access USCIS.gov from this computer anymore. Damn internet security. Have you read the instructions for the I-751 yet?

[matt74]

In general, there are waivers available to lift the conditions on a green card if the marriage doesn't work out. If one gets a divorce, they can file and show that they married in good faith but it wasn't their fault that the marriage fell apart. There also are waivers available if the immigrant's spouse subjected them to battery and extreme cruelty. Then there is a waiver based on extreme hardship to the immigrant if they had to return to their home country.

One of these may or may not apply to you. You should have an attorney review your case.

[Marie]

You can file to have the conditions removed on your own but you have to be able to prove that the marriage was entered in good faith.

If your marriage was terminated other than by the death of your spouse, you must submit the following:

* USCIS Form I-751 (Petition to Remove the Conditions on Residence)
* Copy of USCIS Form I-551 (Permanent Resident Card)
* Evidence that you entered in the marriage in good faith, and not to evade the immigration laws of the United States. Examples of such evidence includes, but is not limited to:
o Leases showing that you and your spouse lived in the same place
o Documents that prove that you and your spouse owned property together
o Birth certificates of your children
o Copy of your divorce or annulment decree
o Evidence that you were not at fault in failing to file the petition on time, if applicable.


http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=54db96981298d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

Here is information. You have to actually be divorced to file the waiver and not in proceedings from what I understand:

http://www.uscis.gov/files/pressrelease/CRwaiver041003.pdf


Guidelines for the waiver:


(h) Waiver of Joint Filing .

These are cases where the petitioner and the spouse do not file a joint petition. They are usually filed because the petitioner and spouse are divorced, or the petitioner (child of the conditional spouse) could not enter or follow to join the conditional spouse. The documentation to be submitted, and the factors to be determined in the adjudication process, depend on the type of waiver being sought. Section 216(c)(4) of the Act allows an alien to file a waiver application under one (or more) of three circumstances: extreme hardship (section 216(c)(4)(A) ), good faith and not at fault (section 216(c)(4)(B) ) , and battering or extreme cruelty (section 216(c)(4)(C) ). Note: Although section 216(c)(4) is entitled “Hardship Waiver”, only waivers under paragraph (A) require that the applicant establish a level of hardship; waivers under the other two paragraphs depend on other issues.


(1) Extreme Hardship . The waiver applicant must establish that extreme hardship would result if he or she is removed from the U.S . Some important things to remember when adjudicating a waiver filed on this basis are:


• There is no requirement that the applicant establish that the marriage had been entered into in good faith. However, indications that the marriage had been in bad faith may be considered when weighing the discretionary factors.


• Whether the alien has already suffered hardship during or prior to his or her status as a conditional resident is irrelevant. Only extreme hardship which would result from deportation (presumably to the alien’s home country) is pertinent. The statute is prospective, not retrospective, in this regard. However, in some situations hardship already experienced can have a bearing on hardship which an alien might expect to experience if he or she is removed. For example, in some countries, a woman who has been divorced may suffer extreme isolation (“shunning”) in her home country or culture which rises to the level of persecution. While such conditions may be rare, they are definitely not non-existent.

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=aef165442aa89b2e4b62740bc4065 276

I would definitely consult with an immigration lawyer.

[CH52236]

Thank you very much for your help...