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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107574
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Goal: Convert my girlfriend's 2 year conditional greencard

Customer Question

Goal: Convert my girlfriend's 2 year conditional greencard to permanent 10 year greencard
Short backstory:
She had a B1/B2 5 year Visa, but got that changed to a 2 year Greencard when she got married to her now-ex. The marriage failed due to her ex's mental issues, drug abuse, and her being in fear of her life(at one point he put a loaded gun on the bed and was screaming at her to shoot him). She had to get out of that relationship. They have no children together. The marital home was in Georgia and she now lives in Illinois.
The divorce was filed over a year ago and signed by both but she was just contacted a few days ago from her lawyer saying it is now official and the divorce decree is being mailed out.
She has been working steadily her entire time being in the country and we now live together. She has no criminal record of any kind. Her current green card expires Jan '16 but we would like to get this process going now.
We have looked at the I-751 petition and it seems like a pretty straight-forward form. The areas I would like to discuss are the five checkboxes(1c - 1g) in the 'Waiver Request Filing' section. I believe she is able to check d/e/g, but would like council before proceeding.
Aside from form I-751, is there anything else we should know or other paperwork we need? Is there any reason we shouldn't just send this in ourselves or do we require a lawyer before proceeding? I can provide more details if needed.
Thank you very much for your time and advice.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
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She will have to file an I-751 in waiver form. Here is some information on that:
http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage
Focus on where it says, "If your marriage was terminated other than by the death of your spouse, you must submit the following:"
She will need to submit evidence similar to the evidence that you submitted at your marriage interview. She must prove that even though you divorced, your marriage was not entered into solely for the purpose of obtaining an immigration benefit.
Here is a list of things that I like to give my clients and I know that she may not have all of these things, but the more she has, the better it is.
A letter where she describes, in a very detailed fashion, the circumstances in which she met her spouse, the reasons she married, and the feelings and emotions that she had or still has towards him, and why.
If they have a child or children together, the birth certificate for each child.
Wedding pictures and pictures of other moments when she and her spouse, and other members of each family and friends have been together.
Very detailed letters from people who know them and who are witnesses that their marriage was valid, who were at their wedding, or who knew them as a married couple.
Love letters or cards that they received from their spouse while in the relationship.
Letters from people addressed to both of them, or in which the person who wrote the letter refers to both them as a couple.
Any types of documents that have both their names on them that show that they bought a car, a house, furniture, or anything else together.
Any rental or lease agreements for their home or apartment with both of their names on it or a letter from the building manager or owner proving that they lived together.
Bank or financial statements that show that both had or have a savings or checking account together.
Any insurance documents that show that they were or still are covered by their insurance plan, or that his plan covers or covered her.
Bills, such as electricity, water, heat, cable TV, phone, or others that show both their names.
Jointly-filed Income tax papers (both their names).
An identification card that shows that his spouse's was using his last name.
Membership cards for video clubs, grocery stores or similar businesses, that show joint membership.
Any other documents.
As to what she should check it says to check all that apply, so I would definitely check 1.d and if she can prove physical abuse or extreme mental cruelty, I would also mark 1.e. Proof of extreme mental cruelty would normally need to be backed up with physiologist or psychiatric or therapist reports.
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Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Thank you for your kindness and respect. Good luck to you.

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