Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Cheryl Fletcher

1 Answer | Asked in Immigration Law for Florida on

Q: I got married in Dec2014 but only received my first green card in Jan2018 how long i wait before apply for citizenship?

My first green card is for 10 years!

Cheryl Fletcher answered on Nov 8, 2018

If your spouse is a US citizen and you are still married and living together, you are eligible for naturalization 3 years from the day you became a lawful permanent resident.


Cheryl Fletcher, Esq.

2 Answers | Asked in Divorce for Florida on

Q: Can I go back to court and re-negotiate the terms of our divorce agreement?

I officially got divorced in August last year. I agreed to pay a storage and dock fee for the boat we co-owned a the time (but only she has sole use of the boat) until the boat is sold (which she is supposed to do). It is coming up on a year and she has still not sold the boat and I am still paying... Read more »

Cheryl Fletcher answered on Jun 27, 2018

If there is a time limit in which the former wife was supposed to sell the boat and she hasn’t done so, then you may have a contempt action against her.

View More Answers

3 Answers | Asked in Divorce and Immigration Law for Florida on

Q: If I have conditional green card and my spouce wants divorce due to his health problems, can I still get permanent card?

I am a foreign citizen and I just got my marriage-based conditional green card which expires in two years. My spouce is much older than me (late 60s) and has heart problems (he had surgery about 7 years ago and will probably need another one soon to install some kind of mechanism). He wants to... Read more »

Cheryl Fletcher answered on Jun 27, 2018

As my colleague stated, you need to file form I-751 I your marriage ends in a divorce before your conditional residency expires. My concern for you however, is that, with such a short marriage it may raise red flags to the immigration officer about whether your marriage was real.

View More Answers

1 Answer | Asked in Divorce and Immigration Law for Florida on

Q: I married my current partner 25 days before my divorce was finalized. I was unaware that the divorce had not been

completed as my first marriage and divorce took place in Peru. I was told by an immigration lawyer that I invalidated my divorce because I remmarried in the US (Florida) before the process had finished, and that I must divorce my ex once again but in the United States although he does not live in... Read more »

Cheryl Fletcher answered on May 9, 2018

If your second marriage occurred before the dissolution of your first marriage was finalized, the second marriage is void. This means that it is invalid, as if it never took place. You will need to marry your second spouse again.

1 Answer | Asked in Immigration Law for Florida on

Q: What happens if I get divorced while in aos process?, I have my work permit and we are waiting for the interview.

In a married based aos process, if we get divorced before the green card interview, how long would I have to leave the country?

Cheryl Fletcher answered on May 9, 2018

If you get divorced while the AOS is pending you are no longer considered an immediate relative of your spouse and are no longer eligible for the current visa category. There may be other options available to you which may mean that you do not have to leave the country. Speak to immigration... Read more »

1 Answer | Asked in Divorce and Immigration Law for Florida on

Q: I was married and he got my permanent resident now I not sure if my card it's expired my question what I need to do

I just worry ,I don't want to have problems with emigración o be theported ,I have 2 kids from here.what should I do,I been here 18 years

Cheryl Fletcher answered on May 9, 2018

You may need to set an Infopass appointment with your USCIS district office to find out whether your green card is expired. You can also do an application for a replacement permanent resident card if the card is lost, stolen or mutilated.


Cheryl Fletcher, Esq.

1 Answer | Asked in Divorce for Florida on

Q: can I refile for divorce from Florida if I have already started the process in California?

I filed for divorce in California where my ex lives because I had a attorney that was helping me for free. The divorce got as far as filing the proof of service, but court came back saying that attorney did not file original proof of service document.

Just before receiving that news from... Read more »

Cheryl Fletcher answered on May 9, 2018

You can file a notice of voluntary dismissal in the California divorce case. Assuming that your spouse did not file a counter petition, then the notice of voluntary dismissal should be sufficient to get the case dismissed. Also, the clerk may close the case on its own after a long period of... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.