DiMaria Wins Permanent Green Card For Man With Two Year Green Card Who Divorced His United States Citizen Spouse

In this case, Client entered the United States with a visitor visa in 2004.  Client overstayed his visa and a couple of years later married a United States Citizen.  Client’s spouse filed papers with immigration for Client to become a conditional permanent resident.  Client and his spouse went to an interview at the immigration office in Newark, New Jersey.  They passed the interview and Client obtained a two-year conditional green card.  About a year later things began to go wrong in the marriage and Client and his spouse decided to separate.  Client came to our office for a consultation about getting a divorce.  After speaking with DiMaria, Client hired our office for the divorce and to help him with his immigration case.  Client’s wife agreed to the divorce and within about three months Client was divorced.  After client was divorced, we had to help him obtain his permanent resident card.  Under immigration laws, if an individual is married for less than 2 years at the time the individual obtains his green, the green card is valid for only 2 years.   The individual then has to file an application with immigration to prove that although he and his wife got divorced, client did not get married simply to obtain his green card.  In order to prove the marriage was a “real” marriage, it is important to submit documentation to immigration showing that Client and his ex-wife lived together but they eventually had marital difficulties which led to divorce.  Our office submitted the appropriate application to immigration.  Approximately one year later Client and DiMaria attended another interview at the Newark, NJ immigration office.  DiMaria presented the immigration officer with several documents showing that Client and his ex-wife lived together.  DiMaria submitted their jointly filed income tax returns, a lease for the apartment, and several other bills showing they lived together.  After the interview, immigration approved the case and Client obtained his permanent green card.