removing conditions

[navarabin]

my conditional green card is going to expire july 2012. Unfortunately we filed for divorce.
what are the chances of my removing conditions on self petition basis. our marriage was genuine

[freecontributor]

my conditional green card is going to expire july 2012. Unfortunately we filed for divorce.
what are the chances of my removing conditions on self petition basis. our marriage was genuine

Zero chances! You should not divorce during this period of time ( Conditional Green Card) unless abuse was involved which give you the chance to continue your case without your spouse ( have to demonstrate strong evidence of abuse if it is the case, and really good evidences from the whole time of your marriage). That is why they call it " conditional" to see how far you can go! Good Luck!

[nichole]

my conditional green card is going to expire july 2012. Unfortunately we filed for divorce.
what are the chances of my removing conditions on self petition basis. our marriage was genuine

You have a good chance if you have documentation showing the joint assets, sharing a home, joint taxes, etc...all the things people submit when they are still married. Cover the whole time of your marriage with dates on the documents. People do this all the time without the abuse thing. You just have to prove you married in good faith and had a life together before the split.

You must be fully divorced and have the decree by the time you file.

[navarabin]

removing conditions

thank you very much for the reply. I am confused though, as the replies are opposite. I had an academic background before coming to united states. Came to united states in full scholarship. But after 4 years discontinued my doctorate. The lady was from the same community and well off. WE both are around the same age ,45.i CAN show that our marriage was genuine. It was just incompatibility we had to part, as she was business oriented and I was academic oriented.
If I file self petition that I had no reason to cheat immigration. It was just that at this age I needed some emotional support to carry on. that was the reason I gave when I first apply. I am just the victim of circumstances. If I am granted status I still have good and useful research career.

Please share your opinions; the facts I have stated are true and I am going to speak truth in my application.

thank you very much

[nichole]

Have you even downloaded the instructions and form?? They make it pretty clear.

Page 1 of the instructions gives 4 acceptable reasons why you can request a waiver on filing jointly with a USC spouse--spouse died, divorce, abuse/battered, extreme hardship.

The I-751 form part 2 is "basis for filing". Your basis is "d" and the request for waiver is built in to that section.

Things you will do differently than the joint filers:
--include your divorce decree
--you don't have to wait until your 90-day window opens. Once divorced or spouse died, you can file immediately.
That's all in the instruction download.

Obviously, if your divorce is not final before your card expires, then it gets tricky because you're not exactly going to file jointly but you're not divorced yet either.


Here's a good tip: A forum is not a good first source for immigration matters. You don't know if the replies are reliable. Read the form instructions FIRST. Then if there is a specific thing that is confusing on the form, ask opinions.

[hescool]

Have you even downloaded the instructions and form?? They make it pretty clear.

Page 1 of the instructions gives 4 acceptable reasons why you can request a waiver on filing jointly with a USC spouse--spouse died, divorce, abuse/battered, extreme hardship.

The I-751 form part 2 is "basis for filing". Your basis is "d" and the request for waiver is built in to that section.

Things you will do differently than the joint filers:
--include your divorce decree
--you don't have to wait until your 90-day window opens. Once divorced or spouse died, you can file immediately.
That's all in the instruction download.

Obviously, if your divorce is not final before your card expires, then it gets tricky because you're not exactly going to file jointly but you're not divorced yet either.


Here's a good tip: A forum is not a good first source for immigration matters. You don't know if the replies are reliable. Read the form instructions FIRST. Then if there is a specific thing that is confusing on the form, ask opinions.

Nicole you are so right. People like free contributor come on here and spew rubbish about what they dont know. People should always do researches on their own, al ot of people on here dont know that much (except for a few).

[freecontributor]

Nicole you are so right. People like free contributor come on here and spew rubbish about what they dont know. People should always do researches on their own, al ot of people on here dont know that much (except for a few).

Oh well, I know at least " a few" quoting you! Sorry about saying the truth. I had seen some cases just like yours that why I am telling you! Good luck to you as you got married just to get papers, right?

[zoom123]

HI,
Don't worry, you can file waiver at any time. The best is to contact an attorney and take an advise.
I saw some of my friends they got conditional waived after they filed divorce.
Here is the thing!
Note down each and everything happened to you, what emotional, financial stress you got from her, what mental abuse she did with you.
Even cursing and saying bad words to you and your family comes under abuse.
Don't file divorse with mutual.(Means both agree and sign the papers to file divorse).
I saw one case where the attorney ask independent social worker to interview the person and write a report about what happen.(Means the person said what happened and how he married, and what the women did to him finacially,,mentally abuse etc)
Then the attorney submit this report with the waiver and he got approved waiver , finally he got 10 years GC in hand. (When you file to remove condition the you need divorce decree, and the approved waiver notice)

You get plenty of information online how to file a waiver.

[zoom123]

I want to tell one thing to freecontributer.
You are the senior member, you should give a hope to the members who come here for an advise. The advise should be genuine.
You don't know he did ****/sham marriage for paper untill you know him personally.
You no need to tell this, this is USCIS job to find out.
This guy already mentioned he is a Phd student, no body knows any thing can happened to anybody.
Lot of companies did lot of **** GC, you can't go and catch. Just give right answer, if you don't want to do, don't give stress to the person.