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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 05-17-2008, 03:43 PM
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rique71 is on a distinguished road
Default helping a friend with an immigration issue

i have a friend from mexico that got here cause she married a us citizen, well long story short her green card expires on the 21st of august she has an appointment on that day for what i think is to get her permanent residency. well her problem is that she just caught her husband cheating on her and doesnt want to be with him anymore. but she thinks if she leaves him , she will destroy her chances of getting her permanent residency. how does that work? is she forced to stay with him even though he mistreats her and cheats on her to be able to get her residency? any responses would be appreciated . thanks in advance.
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  #2 (permalink)  
Old 05-17-2008, 03:55 PM
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12/06/2006
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Default Wrong Place

Hello,Our organization is limited to issues with employment based immigration. your friends case seems like a Family based Case and we do not have the right people to help you with your friends situation.

IV'ans - Please refrain from any suggestions towards this
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  #3 (permalink)  
Old 05-17-2008, 03:56 PM
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Default

ok thanks
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  #4 (permalink)  
Old 05-17-2008, 10:32 PM
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Jan-04
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EB3
I140 Mailed Date
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02/28/2007
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India
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I-485
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07/15/2007
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Quote:
Originally Posted by santb1975 View Post
Hello,Our organization is limited to issues with employment based immigration. your friends case seems like a Family based Case and we do not have the right people to help you with your friends situation.

IV'ans - Please refrain from any suggestions towards this
though I can understand the advice ..I don't understand the reasoning ..an immigrant is an immigrant whether it is family or employment ..I would think that IV should try to increase its reach and not become an exclusive club...
Rique ..as far as I can think ..it is a very personal decision ..so it is difficult to give any advice ..maybe a lawyer can help. ofcourse the final decision would have to be taken by your friend.
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  #5 (permalink)  
Old 05-17-2008, 11:52 PM
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09/10/2008
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Quote:
Originally Posted by rique71 View Post
i have a friend from mexico that got here cause she married a us citizen, well long story short her green card expires on the 21st of august she has an appointment on that day for what i think is to get her permanent residency. well her problem is that she just caught her husband cheating on her and doesnt want to be with him anymore. but she thinks if she leaves him , she will destroy her chances of getting her permanent residency. how does that work? is she forced to stay with him even though he mistreats her and cheats on her to be able to get her residency? any responses would be appreciated . thanks in advance.
Your question is not clear. "her green card expires on the 21st of august"

- She already got GC ? and expiring after five or 10 years? If so, the divorce will not impact the GC process.

"she has an appointment on that day for what i think is to get her permanent residency"

- If she is not yet getting her GC, then it will impact the GC. Either she has to be patient or lose it. Even after getting GC, if she goes for divorce immediately it will trigger investigation as if your friend married US citizen just to get the GC.


This process is complicated and I dont think you can get the right answer in this forum. Better check with attoney.
__________________
When you come across any immigration Frauds
# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
111 Massachusetts Ave., NW Suite 7002,
Mail Stop 2280 Washington,
D.C. 20529-2280
FDNS@dhs.gov
filing without current PD
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  #6 (permalink)  
Old 05-18-2008, 01:56 AM
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Feb-05
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07/29/2007
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ssss is on a distinguished road
Default Conditional Green Card ?

Quote:
Originally Posted by snathan View Post
Your question is not clear. "her green card expires on the 21st of august"

- She already got GC ? and expiring after five or 10 years? If so, the divorce will not impact the GC process.

"she has an appointment on that day for what i think is to get her permanent residency"

- If she is not yet getting her GC, then it will impact the GC. Either she has to be patient or lose it. Even after getting GC, if she goes for divorce immediately it will trigger investigation as if your friend married US citizen just to get the GC.


This process is complicated and I dont think you can get the right answer in this forum. Better check with attoney.
Probably he is talking about the conditional green card one gets after marrying a US citizen
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  #7 (permalink)  
Old 05-18-2008, 08:23 AM
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Quote:
Originally Posted by ssss View Post
Probably he is talking about the conditional green card one gets after marrying a US citizen
If I understand right, you only jeopardize your chances if you divorce within 2 years. Another option is separation. And of course there is the third option, and that is to try and work it out with her husband.
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  #8 (permalink)  
Old 05-18-2008, 11:37 AM
Donor
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I140 Mailed Date
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09/10/2008
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India
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I-140
I485 Mailed Date
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Join Date: Mar 2008
Posts: 2,290
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Default

Quote:
Originally Posted by ssss View Post
Probably he is talking about the conditional green card one gets after marrying a US citizen
In this case, I guess there is only two options. Either wait patiently or lose the GC. Even after getting the GC there is certain time period. If the person file for divorce, it will trigger investigation and there is a chance to revoke the GC.

If she desparately wants GC the only way is to work out with her husband.

anyway check with the lawer.
__________________
When you come across any immigration Frauds
# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
111 Massachusetts Ave., NW Suite 7002,
Mail Stop 2280 Washington,
D.C. 20529-2280
FDNS@dhs.gov
filing without current PD
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  #9 (permalink)  
Old 05-18-2008, 09:18 PM
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Feb-08
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05/13/2008
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For conditional GC the USC should make a joint application for his/her spouse for removal of conditional GC restrictions.

One of the important things with Conditional GC is to demonstrate that the Husband and Wife still have lots of family ties during the Adjustment of Conditional status, This would include showing the IO with proofs such as joint bank accounts, kids, utility bills etc......

If the spouse is being abused by the USC and provided there is adequate proofs for the same such as court restrain order, Police complaint etc At that time, one can file for a waiver of a joint application without the need for USC to make the application

It is always better to consult a Good immigration lawyer for Professional Advise.
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