Legal Question in Immigration Law in New York

Cr1

Im married with american citizen,i got my immigrant visa on April, and my green card on May in wich the expiry date is 26/May/2017....but i ve been said that the real expiry date is two years for the green card, is it true?....

and i m expecting a baby next month...if i get my baby and i i get divorced before the conditionnal time for the conditionnal visa.....will i be obliged to leave us with my baby or the fact having my baby is a proof that i got into good faith marriage.....

Thank you for your time.

Moza


Asked on 10/15/08, 11:02 am

3 Answers from Attorneys

Rachel Baskin Rachel Baskin, Attorney at Law

Re: Cr1

If the green card was issued in error, you need to notify USCIS so that they can issue you the correct card. With regards to remaining in the US, you will be able to do so if you have a valid green card. However, you will have to file a petition to remove conditions to prove that you entered into a valid marriage, whether you stayed married or get divorced.

If you have further questions about the process, please do not hestitate to contact me directly.

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Answered on 10/15/08, 11:27 am
Alexander Tsiring The Tsiring Law Firm, P.C.

Re: Cr1

When you apply for your permanent green card, you have to show that you entered into marriage in good faith. Having a baby is one of the things that you can show, but it is not the only one. If you divorce, you might still be elegible for permanent green card, but once again, you will have to show that initially you had a bona fide marriage.

If you have any further questions, you can contact our firm.

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Answered on 10/16/08, 5:29 pm
Tsirina Goroshit Law Offices of Tsirina Goroshit & Associates, P.C.

Re: Cr1

If a person is the spouse of a U.S. citizen or a permanent resident and the marriage occurred less than two years before the alien spouse is admitted as a U.S. permanent resident, the permanent residence status is conditional. Thus it is important to understand whether you have been married less than 2 years before you got you permanent residence.

If you need further assistance, please contact us.

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Answered on 10/15/08, 1:55 pm


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