i have a temporary US green card issued on nov. 2011 i have a 15 months old daughter with my wife and now she wants to divorce. my daughter is enough reason to prove i was married in bona fide? i been living with my wife for almost 5 years but i just have 2 years married..
After your divorce, but before your green card expires, file form I-751 with evidence that your marriage was bona fide at its inception. Be sure to include your daughter's birth certificate.
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You may be able to renew your conditional GC based on divorce waiver. The divorce must be finalized before filing the renewal application. Furthermore, you still need supporting docs to prove that the marriage was bona fide marriage. You should hire an immigration to consult your case.
You will need to file the I-751 to remove the conditions. How you will want to handle this will depend a great deal upon how the two of you are getting along during the divorce process. If the two of you are fairly civil, she may assist with the application. If she does not feel like being helpful, you can file without any assistance from her, but you will want to have documentation of the good faith nature of your marriage beyond the birth of the child. You should consult with an immigration attorney as early as possible to plan how to best handle this.
When you attend your initial (I485 interview) and the marriage took place less then 2 years from the date of the interview, USCIS provides you with a conditional greencard. That is, the expiration is two years versus 10 years from the date of issuance. Ninety (90) days prior to the 2 year anniversary ( one year and nine month) from the date the card was issued you must apply for the removal of the conditions of the card. Please use form I-751.
If you divorce prior to the two years anniversary, you can still apply for the removal of the conditions. Please include a copy of the bona fide nature of the marriage. You must include your divorce. Note that your spouse will not have to sign this form (I751) or attend the next interview under these circumstances. Again, it important to demonstrate that the marriage was entered in good faith but terminated in divorce.
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