QUESTION
What happens to adjustment of conditional status after divorce?
Asked on Jan 06th, 2011 on Immigration - California
More details to this question:
My wife Divorced me before the end of the two year period. We had already jointly applied and I got the conditional resident status. What Documentation do I need to file my petition to remove the conditional status to a permanent resident and what proof will the Immigration Officers need from me to prove that my marriage was legit? We did not have any children nor did we have any property together. We only had Joint account, which I closed after the Divorce. Please assist, thank you.
5 ANSWERS
You can file the petition to remove conditions without your spouse. We would need to review your case to see what other evidence can be used to prove that it was a legitimate marriage, and that the marriage did not end because of you.
Answered on Jan 17th, 2011 at 7:13 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
The burden is much higher on you to self-petition and show not only there was a divorce but that the original marriage was entered into in good faith and not fraudulent. This self-petition is to keep your green card after a divorce but before the ten year card is issued. These are very approvable but you need to pull together everything you can think of to show you actually lived together - joint assets, debts, credit cards, bank accounts, water bill, Costco card, lease or mortgage documents, joint health insurance, car insurance, joint taxes, pictures of family events for trips, events with the two of you in them, etc. I would strongly recommend having an attorney represent you in this self-petition process.
We do charge for consultations and you can schedule one by calling my office below to select a convenient time and date. $350 per hour is the consultation fee; but whatever you pay for the consultation would then be a credit toward the fees for your case if you retain us to do work beyond the consultation.
Answered on Jan 10th, 2011 at 3:58 PM
You need to collect as much evidence as possible to prove your bona fide marriage relationship, including joint accounts, joint utility bills, letters, support from family and friends. With the help from a qualified attorney, you will sure make a stronger case.
Answered on Jan 07th, 2011 at 4:43 PM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
If you are divorced you can file the I-751 and ask for a waiver of the joint filing requirement. You will be called for an interview regarding the application to prove that your marriage was bona fide. This is the type situation in which you should retain an immigration attorney to represent you because of the lack of joint documents.
Answered on Jan 07th, 2011 at 9:13 AM
You should have a lease agreement showing that you were living together gather photos and correspondences during marriage find bills in both names. declarations from knowledgeable parties. My office prepares the declarations for many clients whose English aren't very good.
Answered on Jan 06th, 2011 at 7:13 PM