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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 102584
Experience:  Private practice in several areas, including immigration
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My beautiful daughter in law is living in Austin Texas and

Customer Question

My beautiful daughter in law is living in Austin Texas and works as a private school teacher She married my son in Bogota, Colombia 7 years ago but he left her and went back to Colombia recently. She wants to divorce him but says she must wait 2 more years or she'll lose her visa. My husband and I are her legal sponsors because my son couldn't show that he could support her. He still doesn't. She supports herself but we signed papers through the process saying we're sponsoring her. She has our only grandchild and we help her. Does she have to wait that long to divorce him? He is threatening her from Bogota, Colombia now. He is mentally ill.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. To clarify:
1) Where was your daughter in law born - where is she from?
2) Is your son a US citizen, or US legal resident?
3) Who sponsored her to come to USA?
4) Does she have a conditional greencard right now? Or, not sure?
5) How long has she lived in USA?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.
my daughter in law is a Colombian citizen, my son is a USA citizen - they met and married in Colombia. She has lived in Austin for one year, as a teacher. She has a working green card for her two year contract with the school. My husband and I sponsored her ...
Expert:  Ely replied 2 years ago.
Thank you.
So she received a greencard based on marriage, then, if I understand correctly.
A greencard based on marriage is first a CONDITIONAL greencard for 2 years.
At the end of 2 years, the LPR files an I-751 form - request for lifting of conditions and making the greencard permanent. See here.
What happens then is what happened when she was originally sponsored based on marriage - USCIS confirms that the marriage is still valid, and, was true and not based on convenience of her getting a greencard, simply.
The US Citizen is supposed to sign off on the I-751 as well, and, come to the interview. IT IS POSSIBLE to file and have the the I-751 approved even without his consent or participation, however, it becomes considerably HARDER - see here. She would have to prove that even though they are NO LONGER TOGETHER and/or FILING FOR DIVORCE, the marriage was ORIGINALLY real and was entered into of good faith. Showing proof of abuse is also helpful.
IF POSSIBLE, it is best to get his consent when filing for the I-751 at the end of the two year period of the greencard. However, if he is simply unwilling to help, then she will have to file alone - and she WILL have to file, or else the conditional greencard is terminated automatically.
You may have sponsored her financially, however, you as a financial sponsor have not "standing" to help her in the I-751 matter.
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