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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: 105609
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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The situation is this: A foreigner got married to a us

Customer Question

The situation is this: A foreigner got married to a us soldier, got a green card(the children inclusive). The soldier came back from deployment and now wants to retire and also wants a divorce. The marriage is less than a year. Question? 1) What is the
implication on the green card status? 2) What step should one take? 3) The marriage took place in Nc. 4) What should one do?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

As long as the foreigner can prove that the marriage was real but just fell apart, then they can get the 10 year non-conditional Residency. Here is an OFFICIAL link:

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:"

I will assume that the foreigner is a she. 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.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

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.