Getting divorced before 2yr anniversay

[jediknight]

has anyone been through this? i now this couple, she is colombian, he is american, married about 1.5 years but have drifted apart and he wants to divorce. nothing ugly, no cheating or abuse, things just didn't work out. i've told them to seek a good lawyer, that goes without saying but if there is anyone here who has actually been through this that has some advice or insight, she would greatly appreciate it. i'm trying to keep her spirits up as she has told me that she is afraid of being sent back, he tells me that he hopes she wont be sent back. i've told them what i've read here over the years, basically that she can apply as divorced as long as she can show that the marriage was entered in good faith..and from what i can see it was. if they get divorced before she files for adjustement, then files as a divorced woman, does she have a good chance of staying or are they sending people back? anyone know of a good lawyer in the NJ/NY area?
JK

[Ray]

... in response to Getting divorced before 2yr anniversay, posted by jediknight on Oct 2, 2005

She hasn't filed for Adjustment of Status yet after 1.5 years of marriage? Or did you mean filing to remove conditions on residence? When did she get permanent residency? The two-year anniversary that she needs to be concerned with is not her wedding anniversary, but two years after she received her Green Card, which is when she must file to remove conditions. The expiration date is on the card.

You are correct, she can easily file to remove conditions on her own if she is legally divorced when she files. She doesn’t need an immigration attorney. All she needs to do is check box 2.d. on Form I-751 (Petition to Remove Conditions…). Nobody will send her back.

If she is still legally married when the two-year anniversary is up, then she will probably need the cooperation of her husband to file the petition jointly, assuming that they are still living together.

If they will get divorced soon, then she should do it now so that the marriage will be legally terminated before her Green Card expires. If you want more info, download Form I-751 and read over the instructions.

Ray

[jediknight]

... in response to Re: Getting divorced before 2yr annivers..., posted by Ray on Oct 2, 2005

she hasn't filed for the removal of condition, the I751, in other words she has a conditional residency, stamp on passport and then has to file for removal 90 days before the anniversary..i think that's the deal with her. anyway, that was what i was telling her that she should get the divorce finalized before that anniversary date. lets hope that she finds a good lawyer who can calm her fears, these are two good people.
JK

[CelticUrge]

... in response to Getting divorced before 2yr anniversay, posted by jediknight on Oct 2, 2005

I have had two opportunities over the past several years to speak with someone in immigration and took advantage of the time. I was told, on this issue, if she is here legally, they will even protect her. There is nothing to be concerned about IMO. Discussion was regarding a woman in a not so good situation, where he was abusive and stupid, in many ways. Immigration protected her, offered to move her, and proceeded with approving the residency status, even after separation, and I think at this point, divorce. I do recommend that you speak with attorney. Hire Gary Bala or find someone locally that deals in immigration. I am friends with Nancy Harrison in Houston who specializes in immigration issues. She can be reached at: (713) 777-3506 or nharrison@nharrisonlaw.com

Suerte.

[soltero]

... in response to Getting divorced before 2yr anniversay, posted by jediknight on Oct 2, 2005

They hardly ever send anyone back. As long as she shows good faith, she can file seperately. She really doesn't even need the lawyer, but I would advise that she gets one to be safe. Immigration doesn't ever really hunt anyone down. You could report her and they still wouldn't have the manpower to follow up on it.

[Michael B]

... in response to Re: Getting divorced before 2yr annivers..., posted by soltero on Oct 2, 2005

on another board, and you've got a point about La Migra lacking the manpower to hunt her down. OTOH, I advised that if she really entered the marriage in good faith that he should stick it out long enough for her to secure her perminate papers, both from a "I'm a decient guy, no hard feelings" angle and from the perspective of there are plenty of people and organizations (with their own axes to grind) quite willing and more than capable of explaining to her all about the 'Violence Against Women' act and if she WANTS to stay badly enough, she'll start taking their advice.

[soltero]

... in response to I just answered this, posted by Michael B on Oct 2, 2005

That's true, but she doesn't have to go that route. As long as they agrre that the marriage was entered into in good faith, she doesn't have a problem continuing on her own. If she wants to go the violence route and can't prove it, she is putting a spotlight on herself.