What happens if my husband won’t help me and I can’t return to my home country? However, you still need to show that you were in a good faith marriage. Yes, you can if you already have a two-year green card. What happens if my spouse dies? Can I still get my green permanent resident card? If you plan on filing using the divorce waiver, you must still prove that you had a bona fide marriage. You are not going to get the conditions on your green card removed. However, the divorce waiver is only effective if you’re divorced, so if you go for your I-751 interview and the divorce hasn’t been finalized, and you do not have your divorce decree. You will have to file what is called a divorce waiver. Can I get my green card if I am divorcing my spouse and they will not help me? However, you do not have to have a police report or medical report to prove your abuse. Your attorney can also help you with your declaration. Discussing your abuse with your immigration attorney is incredibly beneficial so that you are prepared to answer questions. If you use the extreme cruelty waiver, you still have to prove that you were in a “bona-fide marriage.” It’s also important that you are prepared to answer questions about your extreme cruelty or abuse, and you may have to write a declaration discussing your story. This extreme cruelty waiver is similar to VAWA, but the only difference is that with VAWA, you never had a temporary green card. This waiver is a waiver of extreme, cruel, or physical abuse. The law is adamant about ensuring that people are safe if they’re in marital relationships or any relationships and that there is a waiver exemption for people who already have their temporary green card. My spouse is abusive, and I want to leave our marriage. The critical thing to know is that you can still get your permanent green card. Unhappy in marriage and looking to get divorcedĮxtreme Hardship if you went back to your country There are many reasons why you might have to remove the conditions of your temporary green and get your permanent green card alone. So, can I still get my permanent green card if my spouse refuses to help me? If you don’t have the needed evidence, make sure you have documents or an affidavit explaining why something is missing or unavailable. You don’t want USCIS to have a preconceived idea when they look at your application and evidence. When you submit sparse documents, it just makes it more difficult for you. Please note that not everyone will have the same evidence however, your totality determines whether your evidence is convincing. (You intend to have a life together.)Īffidavit letters from the landlord, friends, family, colleagues, neighbors, etc. Submit evidence to prove that your marriage is a “bone fide marriage,” a marriage of good faith, or a marriage of intent. Fully complete, sign, and submit form I-751. If you are filing along with your spouse to get your 10-year permanent resident green card, these are the steps and requirements that you will want to follow įile jointly with your spouse. Steps to getting a 10-year permanent resident green card So it’s essential to remove your conditions before your temporary green card expires to avoid that. This means going to Immigration Court and facing deportation proceedings. When you don’t remove the conditions on time and your green card expires, USCIS can issue a notice to appear. However, you only renew a permanent (10-year) green card. When your temporary green card expires, you are supposed to remove the condition. If you are not sure if you have a two-year or ten-year green card, you can look at your green card, and it will tell you which one you currently have.Ī common, costly mistake is when the temporary green card expires, an I-90 is filed to renew, which is incorrect. You will need to reapply for your ten-year green card every ten years. A ten-year permanent resident green card is good for ten years. A ten-year green card is issued for anyone who has gained residency through an employer or your spouse (been married longer than two years, parent, or relative has been issued a green card.
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