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petjeff

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  1. The reason is because I read this, which I believe say's that when she applies for permanent status she will have to prove her marriage was not just to get into the US, unless i read it wrong: "How will a divorce affect the issuance of my conditional green card? Aliens who obtain their permanent residence based on their relationship with a U.S. citizen spouse or an alien parent's U.S. citizen spouse are granted conditional permanent residence if the qualifying marriage took place within two years prior to the date permanent residence was conferred. Conditional permanent residence means that the permanent residence is subject to termination if it is found that the qualifying marriage was a sham marriage or a marriage that was entered into only for purposes of obtaining an immigration benefit. Other than the conditional permanent resident being subject to having his status terminated, he is afforded the same rights as is any other permanent resident. Within ninety days before the two-year anniversary of the permanent residence being granted to the alien, the alien and spouse must apply to have the condition removed. When permanent residence is granted conditionally to an alien spouse, that conditional permanent residence may be terminated within two years from the date permanent residence was granted if the marriage has been terminated through divorce. This rule also applies to the child of the alien spouse who obtains his conditional permanent residence based on the marital relationship of his parent. In other words, the general rule is that divorce terminates the conditional permanent residence. Nevertheless, in this scenario, it is possible for the alien to obtain a waiver of the termination. A waiver of the termination is granted to the alien if the alien can show that the marriage was a union in good faith and if the alien was not at fault for his failure to file the joint petition to remove the condition. Generally speaking, if the conditional permanent resident can show that the marriage was entered into in good faith, it is presumed that he was not at fault for failing to file a joint petition. Two ways to show that a marriage was entered into in good faith are proving that the couple had a child together and producing evidence that the couple owned property jointly." From: http://www.divorcenet.com/states/new_jersey/immigration_and_divorce Jeff
  2. Hello and thanks in advance for any helpful advice. My girlfriend was living in the Philippines up till 2 years ago, she met another man from the US, came here and got married together here. She applied and received her 2 year conditional resident status. They're now just recently divorced. We met about 8 months ago after they separated. We are in love and have talked about possibly getting married soon. I'm aware that she needs to apply for a 10 year permanent resident status real soon. My question is if it's very important for her to have documents proving her original marriage was legitimate. She did live with him over a year, however sense it's been awhile, she has no paperwork that shows her name at his address. They had a joint bank account but don't any longer. They also filed a joint tax return last year, but she doesn't have the paperwork. What she does have is lots of pictures of them together, including the wedding. Is that enough? If we were to just quickly get married before she files for the permanent status would she still be required to have documents proving the first marriage was not a sham? Jeff
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