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Does Divorce Adversely Impact a Conditional Green Card?

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    2008-09-0420:48:53 #145772
    Hooyou 222.***.11.55 14729

    When she was a child, Saeko’s class performed the volcano experiment. Baking soda was placed inside a plaster volcano mold. When vinegar was added, a frothing mixture came bubbling out, the result of a chemical reaction between an acid (vinegar) and base (baking soda). This childhood memory stuck with her and Saeko eventually chose volcanology, the study of volcanoes, as a career path.

    Years later, Saeko graduated with a Master’s degree from the University of Tokyo. While her home country of Japan had more than enough volcanoes to study, Saeko was itching for some change. Unsure of where to go, she decided to let fate choose for her. She put the names of some of the best volcanology schools into a hat and picked her destination.

    Saeko ended up in the United States, at UCLA. She enjoyed the gregarious American culture, so different from her own. Even though she was a shy and quiet person, it was hard not to make friends! Eventually, Saeko was introduced to a history graduate student, Jason. Jason was a handsome American guy. However, as a child, he was in a car accident that left a scar along his jaw. Consequently, Jason was very self-conscious about his face. Saeko was amazed to find someone ever shyer than she was! She made a special effort to make him feel comfortable, and the rest was history.

    On March 5, 2006, two years later, Jason and Saeko were married. Right after their marriage, Jason and Saeko moved in together. They enjoyed a budget honeymoon, taking a road trip around the United States. . They took many pictures, but they all were of Saeko or scenery. Jason hated being in pictures because of his facial scars and insisted on taking them instead. Though it did not take much money, they had the time of their lives

    In April 2006, Jason concurrently sponsored Saeko for an I-130 (Petition for Alien Relative) and an I-485 (Adjustment of Status). Saeko received her conditional green card in January, 2007. A conditional green card is issued for aliens whose marriage is less than two years old. It expires after two years, after which both spouses may jointly petition to remove the condition on a conditional permanent residency. This must be done within 90 days before the expiration date.

    However, it was not to be in Saeko and Jason’s case. After everything settled down, Saeko found too many cultural conflicts between her and Jason. Fighting became daily routine. Money was also a problem, as neither Jason nor Saeko had much of it. They did not even have a joint bank account, since there were no savings. Jason was very frustrated with their financial situation; they could barely meet their grocery expenses. Jason told Saeko that he was not ready for marriage life. Jason and Saeko eventually divorced at the end of 2007. Worried about the status of her green card, Saeko sought assistance from our offices. The two year expiration date was coming up. Since they were divorced, could Saeko file for removal of the condition by herself later in 2008?

    It is a possibility. If you are still married, the petition should be filed jointly by you and the spouse through whom you obtained conditional status. However, you may apply for a waiver of this joint filing requirement if you entered the marriage in good faith, but the marriage was later terminated due to divorce.

    Jason and Saeko did enter the marriage in good faith. Documents that can be used to demonstrate “good faith” marriage may include:

    1. Birth certificate of child born to the marriage (not fit to Saeko’s case)
    2. Lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence
    3. Financial records showing joint ownership, such as joint savings and checking accounts, joint federal and state tax returns, insurance policies, joint utility bills, joint installments or other loans.
    4. Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship

    Unfortunately, Jason and Saeko neither had children nor jointly held property. They did not even have a joint bank account and, because Jason was self-conscious about his scars, they lacked photos as well. Saeko was worried about how she could prove her marriage was made in “good faith”. Though she entered the marriage in good faith, she lacked the evidence to support it.

    Saeko should at least provide photos of their travels, evidence of their living together, phone bills, utility bills, and affidavits from friends confirming their status as husband and wife. In any event, her case will be challenging, as there is not much evidence available.