Getting divorce before 2 years of marriage

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jack2009Junior Member
Topic author
Posts: 16
Joined: 2 Jun 2008
Location: seattle

Getting divorce before 2 years of marriage

Post Mon Dec 01, 2008 10:47 pm

This is for my friend, who is getting divorce before 2 years of her marriage.
She is really really stressed out now.

She got married in Oct 2007 in India and came to USA in May 2008 on marriage based green card.
Now due to some problems with her in-law family and husband, things are going very bad. She is living away from
the husband and her husband is filling for divorce.

1) Her conditional Green card is expiring in 2010, what's the process for her to have
the condition removed from her Green card, so she can get the normal green card ? anyone with similar situation ?

Is there any good attroney in the seattle, washington area who have handled these similar cases successfully before?

Thanks,
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Post Tue Dec 02, 2008 5:03 am

Check the yellow pages and start calling lawyers. She shouldn't need one for the immigration process, but certainly for the divorce. Removing conditions is fairly straightforward.

She can apply to remove conditions on her own, but she has to prove that she entered the marriage in good faith, and not just for the green card. This is sometimes rather difficult, given she's not even been here for a year. Not impossible, but could be difficult. Since her husband has filed and not her, this will help her case.

Her husband will still be tied to the affidavit of support for her, even after divorce. The support agreement is for 10 years, 40 work quarters, or until she becomes a US citizen, whichever comes first.

Or, she can just turn in her 2 year card and go back home to India. There are always choices.
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jack2009Junior Member
Topic author
Posts: 16
Joined: 2 Jun 2008
Location: seattle

Post Tue Dec 02, 2008 10:13 am

Thanks Rebba for the prompt reply.

Has Anyone has gone through similar process ?
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Post Tue Dec 02, 2008 11:52 am

The whole reason the conditional LPR status is two years is because USCIS knows marriages often fall apart that quick and people doing it for money illegally usually can't be bothered to keep up the pretence that long.

Like Reba said, if it's a legitimate no-fault situation and she wants to stay she might be able to pull it off.
Steve.
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Post Tue Dec 02, 2008 4:30 pm

You might find more help on a marriage based forum like http://www.visajourney.com (there are folks there who have immigrated from India even) or some other site, rather than a travellers forum.
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