I came to the US with an F-1 visa, in 8/2002. I married a US citizen in 7/2004, got a conditional green card in 4/2006. In 5/2006, she told me she’s having an affair with my best friend. She filed a restraint order on me. She said that I abused her, which I DINT so the judge only gave me 3 month restraint-order, instead of 3 years (expires 9/7/2006). So I have been I the US for 4 years, and I got married 2 years. I called the USCIS 1-800- 870-3676, and they told me 90 days before my conditional green card expires (1/2008), I have to file the I-751 form to remove my conditional status, also to waive the my ex’s sponsorship due to the divorce. Here are my concerns:
- I want to go back to my country in Vietnam in 1/2007 and stay there for about 3-4 months. Will I have any immigration issues when I come back to the US?
- So when should I file this form I-751?
- I heard that if you stay with your spouse for more than 2 years, you cannot be deported. Is it true?
Thank you very much
2006-09-06 09:56:21 · 10 answers · asked by Danny 3 in Politics & Government ➔ Immigration
-The form I-751 states that if I can file that form after the divorce is final and before the expiration date of my conditional green card (to waive the joint sponsorship). But other people told me I have to file it within 90 days before my card expires?? So which one is true?
-I will go to the court on 9/13 for my divorce, hopefully everything will be smoothy and that's will be the last time going there. I'm so sick of it.
Again thanks for all the advices/answers I have received. I really deeply appreciate that.
Good bless
2006-09-12 08:25:10 · update #1
you file this I-751 3 months before your green card expires, when you file this form you will get a receipt extending your LPR card for 1 more year until an interview is conducted or a decision has been reached
according to when you got your green card you don't expire until 04/2008, so if you want to go to vietnam in 2007 you can, and no you shouldn't have any problems unless you had domestic violence charges against you...no it is not true that if you stay with your spouse for more than 2 years you cannot be deported..it depends on the charges you have on your criminal record for you to be deported regardless of your marital status....remember not to stay out of the US for more than 6 months!!! that would consider abandoning your LPR status
2006-09-06 10:34:22 · answer #1 · answered by La Trole #1 4 · 3⤊ 0⤋
You have to file the I-751 between 10/07 and 1/08 when the conditional permanent residence expires. You should be OK traveling outside the country in January of 2007 but you need to check and see if there is a maximum about of time you can be out of the country without it affecting your status. I would call the USCIS number you called before and ask them that question.
The two years you mention is the conditional residency. That is what you have for two years. Once you file the I751 and it is approved you have unconditional permanent residency and can't be deported.
2006-09-06 17:48:17 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Are you divorced yet? You will have to demontstrate that you entered into the marriage in good faith. On the I-751 form instructions there are examples of documents to prove that you really were married. I would take the following passage, clipped from the USCIS to mean that you should file the I-751 as soon as your divorce is finalized:
If you are divorced, " you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country."
As for travelling outside the US? It is always safer to stay put while waiting for Immigration matters to finalize. Though Homeland Security may not have the cause or resources to hunt you down and deport you, they can always turn you back when you try to reenter.
That deal about not being eligible for deportation as long as you stay married for two years? It's a myth. If you lied on your paperwork, for example, they can ship you out. Being married for two years helps prove your case that the marriage was in good faith but in itself does not guarantee anythything.
You can get advise from the USCIS customer service people at (800) 375-5283, or make an appointment to speak with an officer at your nearest immigration office.
2006-09-08 16:25:32 · answer #3 · answered by heartlandcanuck 3 · 0⤊ 0⤋
You'll need to file I-751 with a waiver (instead of a joint application) since your spouse is not going to be included in the application. You need to talk to an immigration attorney since representation may be needed in your situation since your wife is accusing you of abuse. You will need to show that you entered the marriage in good faith and that it ended despite the effort you put into the marriage.
2006-09-07 22:42:42 · answer #4 · answered by mollywarriorpuppy 2 · 0⤊ 0⤋
Because you have had charges brought against you the chances of ever becomming a US Citizen is slim unless you hire an attorney! Hire a good one.
You do need to be married for 2 years, legally. The adjustment of status might also be a problem due to your charges. You might want to check into having the charges dropped, otherwise you are in trouble.
2006-09-06 17:30:15 · answer #5 · answered by proud mom ♥ 4 · 0⤊ 0⤋
I had a friend deported for missing a court date in a misdemeanor traffic case, and his wife kids are US citizens.
2006-09-06 17:02:03 · answer #6 · answered by Zen 4 · 1⤊ 0⤋
You should ask a immigration lawyer. They usually offer free initial consultations.
2006-09-06 17:03:25 · answer #7 · answered by HW 4 · 0⤊ 0⤋
wow i wish i knew things can be very complicated
2006-09-12 13:54:24 · answer #8 · answered by moonlilystar 2 · 0⤊ 0⤋
ooh you in trouble! don't know how to help but if I did I would tell ya!
2006-09-06 17:07:10 · answer #9 · answered by Anonymous · 0⤊ 1⤋
i feel bad for you
2006-09-06 17:26:14 · answer #10 · answered by angel 3 · 0⤊ 0⤋