Legal Question in Immigration Law in California

Timing of divorce and resident status change

I am a conditional resident and am about 3 and half months away from my change to permanent status. My husband is filing for a divorce and is telling me the divorce process takes at least 6 months. He is also not going to sponsor me for the status change. I have also been told that status papers cannot be filed during a divorce.

What happens to my status if my date passes and no papers have been filed because of the divorce?

Can I file papers after the divorce?

He has also contacted INS and told them the marriage is a fraud, how will this affect me and can I still file papers?


Asked on 3/11/05, 10:51 pm

2 Answers from Attorneys
Baoqin Wang Law Office of Baoqin Wang

Re: Timing of divorce and resident status change

If your husband and you agree to file the divorce, the process should not take that long. It is to your advantage to have the divorce final before the deadline to file the petition to remove the condition.

No matter whether the divorce is final, you must file the petition to remove your condition. You must provide evidence to show your marriage was not fraud as your husband claimed. Feel free to call or email if you need my help.

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Answered on 3/12/05, 1:55 am
Jacob Sapochnick

Re: Timing of divorce and resident status change

Hi,

Once you have become a conditional resident and the marriage was bona fide when incepted, you should be ok. If divorce is final you could file for a waiver with the removal of conditions on your own.

If there was abouse in the marriage, even emotional (calling INS can be aform of abuse) you could have another option for a waiver.

We handle such cases on a regualr basis and will be happy to provide a free consultation. Call me at 619 819 92 04 or email [email protected]

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Answered on 3/12/05, 5:34 pm


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