申請辦理緑卡轉正,急切盼望您的答複

Question:

我的臨時婚姻緑卡還有兩個月就到期了，準備申請正式緑卡了。但我現在的問題是我和老公正在辦理離婚，我打算自己申請辦理緑卡轉正。我知道會有一定的難度，但我的婚姻是真實的，且能夠提供一些婚姻證據。（實在是婚姻無法維持下去了）我的問題是：在我離婚被判決下來之前，（我想會需要一段時間的）我自己申請轉正式時，是否需要申請工作許可，還是緑卡自動延期一年。（我想公司的人事部門很快會找我要這方麵的材料的）。

如果離婚因財產糾葛持續兩三年，是否每年都要申請工作許可或緑卡延期手續？還是我完全就不能工作了？（我的意思是說移民局是否隻有等我的離婚結果後，才能辦理我的申請是批還是不批？）急切盼望您的答複。先謝謝了。

Answer: Your divorce will affect your status as a conditional permanent resident, and your divorce terminates your conditional permanent residence. Therefore, if you have to divorce, you should obtain a waiver of this kind of 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 the alien was not at fault for his/her failure to file the joint petition to remove the condition. Therefore, if you can show that the marriage was entered into in good faith, and it is not your fault for failing to file a joint petition, you can obtain a waiver of your conditional permanent residence termination, and can apply to remove the conditional permanent residence without your ex-husband's signature.

If you are still married, the petition should be filed jointly byyou and the spouse through whom you obtained conditionalstatus. However, you may apply for a waiver of this jointfiling requirement if:

1) You entered the marriage in good faith, but your spouse subsequently died;

2) You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;

3) You entered the marriage in good faith and have remained married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse; or

4) The termination of your status and removal would result in extreme hardship.

Victor

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