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I have a marriage based temporary card now but I am in the…

I have a marriage based...
I have a marriage based temporary green card now but I am in the middle of divorce. Can my company File EB2 or EB3 for me now? I have a valid priority date from my previous employer.
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Answered in 5 minutes by:
3/14/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,918
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

So you have a 2 year conditional green card?

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Customer reply replied 5 months ago
starting August 2017

Ok. You don't have to try to get a green card through an employer because you already have one. Also, even if you did try to go through an employer, you could still be denied if you cannot prove that your marriage was real. If they think there was marriage fraud, this is a PERMANENT bar to ever getting Residency status again. So you really cannot ignore the current situation. You will need to resolve it.

You should start the divorce process if you haven't already (it doesn't matter who starts it) and then you will have to file an I-751 waiver. Here is some information on that:

https://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:"

Here is a list of things that I like to give my clients and I know that you may not have all of these things, but the more you have, the better it is.

A letter where you describe, in a very detailed fashion, the circumstances in which you met your spouse, the reasons you married, and the feelings and emotions that you had or still have towards your spouse, and why.
If you have a child or children together, the birth certificate for each child.
Wedding pictures and pictures of other moments when you and your spouse, and other members of your families and friends have been together.
Very detailed letters from people who know you and your spouse and who are witnesses that your marriage was valid, who were at your wedding, or who knew you as a married couple.
Love letters or cards that you received from your spouse while in the relationship.
Letters from people addressed to both you and your spouse, or in which the person who wrote the letter refers to both of you as a couple.
Any types of documents that have both your names on them that show that you bought a car, a house, furniture, or anything else together.
Any rental or lease agreements for your home or apartment with both of your names on it or a letter from the building manager or owner proving that you lived together.
Bank or financial statements that show that you had or have a savings or checking account together.
Any insurance documents that show that you were or still are covered by your spouse's insurance plan, or that your plan covers or covered him or her.
Bills, such as electricity, water, heat, cable TV, phone, or others that show both you and your spouse's names.
Jointly-filed Income tax papers (both your names).
An identification card that shows that shows a common address.
Membership cards for video clubs, grocery stores or similar businesses, that show joint membership.
Any other documents that prove your relationship.

You will need to submit evidence similar to the evidence that you submitted at your marriage interview. You must prove that even though you divorced, your marriage was not entered into solely for the purpose of obtaining an immigration benefit.

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! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 5 months ago
Understood. He filed for Complaint for Annulment after I filed for divorce because of domestic violence. He also wants to get full custody since he can get more child support and I make twice as much as he does. I am just wondering if the divorce won’t get settled before my temporary green card expires, will it impact my status?

The divorce has to be final for them to approve the I-751 waiver. If that gets delayed, your approval will get delayed, but don't worry about that. Worry about proving that the marriage was real but just fell apart.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,918
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Category: Immigration Law
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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