Green Card with conditions?

[Maxx2]

OK, I never got that far with the ex. A question I have is. Once the wives get their Green cards after 1 1/2 - 2 years or so wait are they conditional? If so what are the conditions? And can they say "See yah" and head out the door? The people I talk with never get that far.

Maxx

[ConnerVT]

The first "Green Card" is issued after the AOS interview, which is applied for after marriage (in the case of a K-1 visa).  It is officially called a "Conditional Permenant Resident Alien" card, and has an expiration date two years after it is issued.

I am unsure what official "Conditions" exist, other than there is an interview that needs to take place two years later, to remove the conditions.  I would imagine that it would be that the status that got the original card issued still exists at the time of the interview.  (If not, another path would need to be followed to obtain the same result.)  The card holder needs to apply for a new card between 0-90 days before the cards expiration date.  Apply too early (>90 before), and your application will be returned.

After the interview to remove conditions, the "Permenant Resident Alien" card will be issued.  It has a 10 year expiration date.  I do not believe an interview is required at that time, just an application (and, as always, a fee).

[Maxx2]

So when is it safe (no USCIS hassels) for them to take off? I am trying to separate folklore from reality here.

Maxx

[Vaughn]

Maxx, what Conner wrote is usually true, but in some
cases where the first GC is issued after the couple's
been married for two years or more, the beneficiary
is granted a 10-year card, Unconditional Permanent
Resident. This would be the "safest" scenario to exclude
Immigration "hassels". However, from the USCIS website,
a beneficiary who's holding a 2-year GC (Conditional) can
possibly act alone if involved in a DV case:

You may self-petition if you are a battered spouse married to a U.S. citizen or lawful permanent resident. Unmarried children under the age of 21, who have not filed their own self-petition, may be included on your petition as derivative beneficiaries.

The page goes on to list Basic Requirements:

The self-petitioning spouse,

1) Must be legally married to the U.S. citizen or lawful permanent resident batterer. A self-petition may be filed if the marriage was terminated by the abusive spouse’s death within the two years prior to filing. A self-petition may also be filed if the marriage to the abusive spouse was terminated, within the two years prior to filing, by divorce related to the abuse.

2) Must have been battered in the United States unless the abusive spouse is an employee of the United States government or a member of the uniformed services of the United States.

3) Must have been battered or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.

4) Is required to be a person of good moral character.

5) Must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits.

How the heck #4 and #5 could be proved is beyond me - but I believe
documentation (as Gary had) could sway a decision...

[Maxx2]

I don't want to turn this into a DV thread but I know of a number of cases of women going the DV route after a few weeks of marriage. They only need to be married to file however if the husband is already married to someone else (bigamy) she can still self petition herself.

This should blow your socks off.

 I know one fellow (I'll be talking with him again tomorrow night) whose Russian wife came into the US on a K1. Married him then filed a DV charge on him 6 months or so later. What was unusual about this case was that she was already married to another man, in another country. She commited bigamy. He anulled the marriage. She took off and it is believed that with the help of another RW (who does this sort of thing for a living) filed her spousal abuse petition and probably got her green card. You see the USC "husband" (?) was not allowed to present his case to the VSC where all spousal abuse petitions are handled. So how would they know the whole truth? He went to ICE at the service center but they told him to contact the VSC himself. Which means anything sent to them (VSC) without a proper form and filing fee gets tossed so says their website (or did).

Another outrage is a RW comes to the US on fiancee petition. Leaves her fiance after 2 weeks. Marrys another AM whose Russian fiancee went back. She with his help swaps to this woman's identity. The INS asks why her names are different at the service center. She gives them some BS reason. They buy it and change the papers right in front of her. She the goes to her RW friends and tells them how stupid the INS is. She files an abuse petition against her husband (who probablt deserved it) Finally she get caught by the INS over the identity theft but by then the VSC grants her abuse petition for a GC and rather than making a scandle for themselves let her slide by. It took a federal court order to release this information

Anyway I understand there is documented proof of all of this by the concerned parties.

Maxx

[Jet]

Once the wives get their Green cards after 1 1/2 - 2 years or so wait are they conditional? If so what are the conditions?

As it was explained to us by USCIS Miami, Whether you get "conditional" or "unconditional" is based on the length of the marriage at the time the I-485 petition is received at the National Benefits Center (so in our case, Lil will still get the conditional card, even though we've been married more than 2 years)

The INA lists the conditions but I don't have them memorized. IIRC they include evidence of an ongoing marriage (comingled finances, joint leases/mortgages, etc) and no record of convictions for "crimes of moral torptitude" (which is a suprisingly long list). Bigamy IS a crime of moral torptitude as are forgery & identity theft.

[PeeWee]

You always speak about the women scammers but there is the reverse as well. A friend of mine (RW) married an AM. Arrived in the US as a spouse, she they were married in the US but she returned to Russia and then they filed for her visa. When she finally arrived in the US to live about two weeks later she discovered that he was also married to another RW. He had brought two RW into the country. She was both angry and heart broken and only stayed one month before returning to Russia. She had been scammed by an AM big time. As I said this happens both ways. it is not always the man who is the innocent one.

Peewee

[Maxx2]

PeeWee, the numerous websites by feminist women's advocates have case after case stating what you just did. However there is no mention by them that fraud by women agaist men exists. I am trying to bring some balance into this by prersenting the other side of this issue. Also these women's advocates have little time or regard for you and us. In fact they think any man who pursues a foriegn woman for a wife does it because he wants to control her and possibly abuse her.   

Jet, it seems that geting a green card is supported on the conditions of cohabitation and comingling of finances. I am trying to figure the realities of the belief that once they get that card they can take off and go get divorced. 

Bigamy and identity theft would normally get an immigrant in hot water however in these cases they had slipped this by the INS and they got their Green Cards. The INS wanted to avoid the embarassment of a public exposure of their incompetance so they let it slide with the identity theft case. The other they don't know about yet.

Maxx

[ronin308]

Maxx, this page from USCIS discusses removing conditions from a temporary green card as well as when that card is issued compared to a Permenant card. 

http://www.uscis.gov/graphics/howdoi/remcond.htm

To sum up, technically if you're married less than 2 years before recieving the green card it will be conditional and a permenant one can be applied for once you reach the 2 year deadline.

That conditional green card is only valid if you stay married to the same US citizen you entered the country with.  If she takes off at that point she broke the conditions and the green card isn't valid.

The short answer to your question is that if she splits or divorces before being granted the permenant card they can kick her back home.  So the reality is that unless she's very smart she'll have to wait 2+ years after being married until the permenant card is approved to be able to stay legally.

Peewee, I understand what you're saying and it's something we men can forget in our worries about GCGs and scammers that there's a flip side where your girl is wondering if her "loving" man is going to treat her like a slave once they get back to his home country.

Thew reality is though that it is way easier for the woman to get support in terms of government, charity and otherwise than is the man.  In your friend's case while she had a broken heart and her trust was abused, she never spent a night in jail or had to go through legal procedings where she was being called something she wasn't or ending up with a record because she didn't do anything more than make the wrong choice in a man.

[Maxx2]

Thanks Ronin that was a very good, balanced and informative post.

My ex said to me "Every Russian woman knows you must live with husband 2 years before you get Green Card". In the other thread I started is the picture of the translated letter from Irina to Gary's wife Elena. Irina mentions "Your relations with Harry (meant Gary) will last no longer than two years". This was coming from a woman who lives in Russia and is currently on a MOB site.

Maxx