MGlaenzer

My paralegal who helped me file all the stuff with Immigration told me,
that I HAVE to stay married for 5 years or they will take the GC away
from me.
Marriage is not looking so good right now and it might end soon.

However, my case is a little unusual.
Due to procrastination and lack of funds we were married over 3 years
before we filed the marriage based petition, which is in the process
right now.

There shoulod be no reason to not get the approval etc soon.
In July we are married for 4 years. But we only filed in October last
year.

My question is: Does anybody know if the required time to stay married
and not loose the GC of 5 years start when you filed (oct. 2005 in our
case) or when you got married (July 2002).

Thanks.
M.

Noorah101

> My paralegal who helped me file all the stuff with Immigration told
> me,
> that I HAVE to stay married for 5 years or they will take the GC away
> from me.
> Marriage is not looking so good right now and it might end soon.
> However, my case is a little unusual.
> Due to procrastination and lack of funds we were married over 3 years
> before we filed the marriage based petition, which is in the process
> right now.
> There shoulod be no reason to not get the approval etc soon.
> In July we are married for 4 years. But we only filed in October last
> year.
> My question is: Does anybody know if the required time to stay married
> and not loose the GC of 5 years start when you filed (oct. 2005 in our
> case) or when you got married (July 2002).
> Thanks.
> M.

If you have been married for more than 2 years at the time you get
your approval (i.e., receive your green card), you'll get a 10-year
green card with no conditions attached. After you receive that, you
don't have to be married any length of time, and your green card is
yours to keep.

You have to prove at the time of the interview, that you and your
wife are in a true marriage, with joint finances of some sort, joint
possesion of some things, a real bona-fide marriage. You shouldn't
be staying in a marriage under false pretenses, just to get your
green card.

Rene

--

Ian-Mstm

> My paralegal who helped me file all the stuff with Immigration told
> me,
> that I HAVE to stay married for 5 years or they will take the GC away
> from me.
> Marriage is not looking so good right now and it might end soon.
> However, my case is a little unusual.
> Due to procrastination and lack of funds we were married over 3 years
> before we filed the marriage based petition, which is in the process
> right now.
> There shoulod be no reason to not get the approval etc soon.
> In July we are married for 4 years. But we only filed in October last
> year.
> My question is: Does anybody know if the required time to stay married
> and not loose the GC of 5 years start when you filed (oct. 2005 in our
> case) or when you got married (July 2002).
> Thanks.
> M.

Your paralegal is an idiot.



Regardless of the length of time you've been married, if you divorce
prior to approval, the basis for your adjustment (marriage to a USC) no
longer exists and you become immediately removable from the US with
subsequent loss of travel and work authorization. At some time in the
future, there will be an adjustment interview and you and your spouse
must both attend. If your spouse attends and attests to an ongoing valid
marriage only so you can complete the process... well, that's not good.

It's interesting that you don't mention the status in which you entered
the US. Was it as a student? visitor? visa waiver? K-1? K-3? other? It's
very likely that you have been out of status for a number of years...
which also does not bode well for you - and that will likely come up
during the interview.

Ian

--

Rete

> My paralegal who helped me file all the stuff with Immigration told
> me,
> that I HAVE to stay married for 5 years or they will take the GC away
> from me.
> Marriage is not looking so good right now and it might end soon.
> However, my case is a little unusual.
> Due to procrastination and lack of funds we were married over 3 years
> before we filed the marriage based petition, which is in the process
> right now.
> There shoulod be no reason to not get the approval etc soon.
> In July we are married for 4 years. But we only filed in October last
> year.
> My question is: Does anybody know if the required time to stay married
> and not loose the GC of 5 years start when you filed (oct. 2005 in our
> case) or when you got married (July 2002).
> Thanks.
> M.

loose, i.e. loose change in your pocket

Never heard of losing your green card if you don't remain married for
five years after becoming a resident. If this were true, then the
posters here who divorced after becoming conditional permanent resident
and before the filing of their petition to remove conditions (two years
later) would all be back in their native country instead of having been
approved for removal of conditions and made LPR (lawful permanent
residents).

Tell your paralegal to return to class.

It sounds like you and your wife are only remaining married for the sake
of your pending green card. Now that might be an issue that your
paralegal should take into consideration.

Janadeen

> Your paralegal is an idiot.
> Regardless of the length of time you've been married, if you divorce
> prior to approval, the basis for your adjustment (marriage to a USC)
> no longer exists and you become immediately removable from the US with
> subsequent loss of travel and work authorization. At some time in the
> future, there will be an adjustment interview and you and your spouse
> must both attend. If your spouse attends and attests to an ongoing
> valid marriage only so you can complete the process... well, that's
> not good.
> It's interesting that you don't mention the status in which you
> entered the US. Was it as a student? visitor? visa waiver? K-1? K-3?
> other? It's very likely that you have been out of status for a number
> of years... which also does not bode well for you - and that will
> likely come up during the interview.
> Ian

Ian - I swear I think I'm falling in love with you. Too funny!

(-:

--

Jenney & Mark

> My paralegal who helped me file all the stuff with Immigration told
> me,
> that I HAVE to stay married for 5 years or they will take the GC away
> from me.
> Marriage is not looking so good right now and it might end soon.
> However, my case is a little unusual.
> Due to procrastination and lack of funds we were married over 3 years
> before we filed the marriage based petition, which is in the process
> right now.
> There shoulod be no reason to not get the approval etc soon.
> In July we are married for 4 years. But we only filed in October last
> year.
> My question is: Does anybody know if the required time to stay married
> and not loose the GC of 5 years start when you filed (oct. 2005 in our
> case) or when you got married (July 2002).
> Thanks.
> M.

You say there "should be no reason to not get the approval etc soon".
I'm curious as to why you say this.

Firstly, the person who supposedly helped you file your application is
the same person who told you a load of crap about having to stay married
for five years in order to retain your residency status. That makes me
wonder if she knew what she was doing when helping you assemble
everything. I sure hope she didn't screw something up with your
application to make it unapprovable or cause significant delays.

Secondly, since at this point in time you are still awaiting your AOS
interview, you are getting ahead of yourself. In order to lose a green
card, you must obtain one first. You haven't done that. And if your
marriage is splitting up now and is irreconcilable by the time of your
interview, then you can pretty much kiss getting that green card
goodbye. Even if your paralegal's information was correct -- which is it
NOT -- then it's moot anyway unless you actually GET the green card. The
way things are looking for you, that's probably not going to happen.

~ Jenney

--

Ian-Mstm

> Ian - I swear I think I'm falling in love with you. Too funny!
> (-:

!!! ... and then some!

Ian

--

MGlaenzer

Ok, I guess I gave incomplete information.

Here is a more complete posting. Even though I pretty much got the
answer for my question.

I entered the US in 1997 on a Tourist Visa. Got married to a Citizen.
Never filed anything. Long story, let's not get into that.

Got divorced, remarried and filed the marriage based petition last year
approx 3 years after being married to the citizen.

The paralegal works at a well known local Immigration Attorney's
Office. I had an initial talk with the senior partner at that firm and
explained everything and he said no problem, just gonna cost $$.

When all the papers got put together I paid the $1,000 fine for being
on an overstayed Visa. All the stuff got mailed to Chicago in October
last year.
I got finger printed a few weeks later and we had our initial interview
in February this year.
The interview went well, In and out in 15 minutes. The lady said that 2
things cleared already and that they only are waiting for the name
check from the FBI before she will make a decision. The issue of being
here so long undocumented of course came up and she understood or at
least acknowledged my explanation.
It seemed clear to me, that there should be no reason to deny us.

The marriage is legit and even though we are having some problems right
now, it never was a fake marriage at all. And there is good hope that
it WILL work out, but there is of course no guarantee.
I just want to know what this 5 year stuff is all about. I never heard
that before either and could not find any info online.

Now as to my approval or not....
The application was received November 16th and according to the Immigr.
web site they are right now working applications filed November 4th.
So I am close to being processed.
I know I have to wait 2 years to get the conditional status removed.
What just was strange was the 5 years she mentioned.
And since I will be married for 5 years BEFORE the 2 years are up from
filing I was wondering if the 5 years apply to the marriage altogether
or would it also be 5 years from FILING.
But it appears the 5 years is complete nonsense anyway.
Thanks for your help. I am impressed how fast I got responses.
This is a good site and I already bookmarked it.
Joe

Noorah101

> Ok, I guess I gave incomplete information.
> Here is a more complete posting. Even though I pretty much got the
> answer for my question.
> I entered the US in 1997 on a Tourist Visa. Got married to a Citizen.
> Never filed anything. Long story, let's not get into that.
> Got divorced, remarried and filed the marriage based petition last
> year
> approx 3 years after being married to the citizen.
> The paralegal works at a well known local Immigration Attorney's
> Office. I had an initial talk with the senior partner at that firm and
> explained everything and he said no problem, just gonna cost $$.
> When all the papers got put together I paid the $1,000 fine for being
> on an overstayed Visa. All the stuff got mailed to Chicago in October
> last year.
> I got finger printed a few weeks later and we had our initial
> interview
> in February this year.
> The interview went well, In and out in 15 minutes. The lady said that
> 2
> things cleared already and that they only are waiting for the name
> check from the FBI before she will make a decision. The issue of being
> here so long undocumented of course came up and she understood or at
> least acknowledged my explanation.
> It seemed clear to me, that there should be no reason to deny us.
> The marriage is legit and even though we are having some problems
> right
> now, it never was a fake marriage at all. And there is good hope that
> it WILL work out, but there is of course no guarantee.
> I just want to know what this 5 year stuff is all about. I never heard
> that before either and could not find any info online.
> Now as to my approval or not....
> The application was received November 16th and according to the
> Immigr.
> web site they are right now working applications filed November 4th.
> So I am close to being processed.
> I know I have to wait 2 years to get the conditional status removed.
> What just was strange was the 5 years she mentioned.
> And since I will be married for 5 years BEFORE the 2 years are up from
> filing I was wondering if the 5 years apply to the marriage altogether
> or would it also be 5 years from FILING.
> But it appears the 5 years is complete nonsense anyway.
> Thanks for your help. I am impressed how fast I got responses.
> This is a good site and I already bookmarked it.
> Joe

Hi Joe,

I have no idea what 5 years the paralegal was referring to. Your
current AOS that you're waiting security checks on, is based on marriage
to your 2nd wife. If you've been married to the 2nd wife for less than
2 years when you're approved, you'll get a 2-year conditional green
card. If more than 2 years, you'll receive the 10-year card. Overall,
if you guys remain married for 3 years AND you've been a PR for 3 years,
you can file for naturalization.

None of it sounds like anything to do with 5 years.

If you are still in touch with the paralegal, you might want to call and
ask her exactly what she was talking about.

Rene

--

Noorah101

> Ok, I guess I gave incomplete information.
> Here is a more complete posting. Even though I pretty much got the
> answer for my question.
> I entered the US in 1997 on a Tourist Visa. Got married to a Citizen.
> Never filed anything. Long story, let's not get into that.
> Got divorced, remarried and filed the marriage based petition last
> year
> approx 3 years after being married to the citizen.
> The paralegal works at a well known local Immigration Attorney's
> Office. I had an initial talk with the senior partner at that firm and
> explained everything and he said no problem, just gonna cost $$.
> When all the papers got put together I paid the $1,000 fine for being
> on an overstayed Visa. All the stuff got mailed to Chicago in October
> last year.
> I got finger printed a few weeks later and we had our initial
> interview
> in February this year.
> The interview went well, In and out in 15 minutes. The lady said that
> 2
> things cleared already and that they only are waiting for the name
> check from the FBI before she will make a decision. The issue of being
> here so long undocumented of course came up and she understood or at
> least acknowledged my explanation.
> It seemed clear to me, that there should be no reason to deny us.
> The marriage is legit and even though we are having some problems
> right
> now, it never was a fake marriage at all. And there is good hope that
> it WILL work out, but there is of course no guarantee.
> I just want to know what this 5 year stuff is all about. I never heard
> that before either and could not find any info online.
> Now as to my approval or not....
> The application was received November 16th and according to the
> Immigr.
> web site they are right now working applications filed November 4th.
> So I am close to being processed.
> I know I have to wait 2 years to get the conditional status removed.
> What just was strange was the 5 years she mentioned.
> And since I will be married for 5 years BEFORE the 2 years are up from
> filing I was wondering if the 5 years apply to the marriage altogether
> or would it also be 5 years from FILING.
> But it appears the 5 years is complete nonsense anyway.
> Thanks for your help. I am impressed how fast I got responses.
> This is a good site and I already bookmarked it.
> Joe

This isn't true. You've already had your interview, they are just
waiting for security check clearance. It has nothing to do anymore with
the on-line processing dates. You've already had your application
processed, had your interview, and that's all behind you now. The
security check they are waiting for, could take anywhere from a couple
of months to a couple of years.

Best Wishes,
Rene

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