Q&A’s published on the World Journal Weekly – 7/16/2017 1. I Heard That The Entrepreneur Parole Rule Is In Trouble – Will It Still Come Out in July? 2. 3 Months Since Coming to U. S. With an Immigrant Visa and No Green Card in the Mail 3. Can I Get U. S. Asylum After Having Got Asylum in Mexico? 4. What is The New Form to Ask More Questions of Travelers, DS-5535, and How Will It Affect Me?

1. Divorce Before the Expiry of the Conditional Green Card

I married my girl friend of 3 years last year in August. My girl friend became a US citizen this January and I got my conditional green card in October. After living together for 3 years and being married for one, I can already see our marriage cracking. I don’t think it will survive more than few months anymore due to our differences and career issues. I want to know what can be done at this stage? so we can get out of this stressful relationship and also get my permanent green card, after all we have been together for 3 years and we tried our best to make it work.

Mr. Lee answers:
You can apply for removal of the conditional basis of your marriage-based green card as long as you are able to show that you are divorced and had a bona fide marriage at the inception. You should of course preserve all evidence of your marital life and living together prior to the marriage although I do note that documentation after the marriage is considered much more important. Items such as lease or deed, rent receipts if renting, utility bills, banking statements, credit card bills, health and life insurance, cable bills, etc. along with photographs are prima facie evidence of a marriage. I assume that you would have time by now to gather joint documentation. I note that the burden of proof is upon you to prove a bona fide marriage where you are applying on the basis of having had a marriage which is dissolved.

2. E-2 Visa

My nationality is Portuguese but I’ve got over 15 years living in Spain, with lawful residence permit and a property. Can I apply for an E-2 visa? I’m looking to become self-employed in the US. Portugal is not a treaty country but Spain is.

Mr. Lee answers:
Unfortunately treaty investor visas (E-2) depend upon the person having a passport of the treaty country. Having permanent residence and a property in Spain is not the same and does not qualify you to be considered an E-2 alien of Spain.

3.Extend a B-2 Visa

We came to united state 2 weeks ago as visitors.  We got visas but we want to extend it.  How can we do so?

Mr. Lee answers:
Usually visitors to the US are given six months at entry unless there are other factors in their case, at which time Customs and Border Protection can give a lesser amount of time. If you are indeed given a much smaller amount of time to stay, you should check the entry stamp to see whether there was something written there that would preclude change of status or extension of status. If not, you can extend a period of stay through filing form I-539 Application to Extend/Change Nonimmigrant Status with appropriate fee to the U.S.C.I.S. service center having jurisdiction over your place of residence.