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Removal of condition I-751 for 2 yr Visa during legal separartion

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  • Removal of condition I-751 for 2 yr Visa during legal separartion

    Hello everybody,

    I hope I can find some answers in this forum. I need help asap because my 90 days are almost up to turn in my paperwork.
    I came to the USA with a 2 year GC in Sept 2014. My husband is in the Military. 9 month later he decided to serve me a legal separation, packed up his things and left me and the kids.
    Now its time for me to remove the conditions on my 2 years visa and I do not know where to start. We have a court order (Maryland) saying the divorce can not be turned in on both parties until the separation year is over. What will apply Dec 31, 2016. How do I need to file my ROC for my green card? Should I wait until the divorce is final and explain later why I was not in the time frame of 90 days filing or should I try a Hardship waiver. I heard that if I file a Hardship waiver my chances are low to be approved. If i wait and let the 90 days pass I am not following the correct guidelines as requested from the USCIS. On the I-751 form they only give you the option "married" or "divorced". So either way I am not in one of these categories. I am not filing jointly with him and I am not divorced yet. I can not afford another attorney, my divorce attorney is already expensive enough. Is there anybody that could help me or tell me where to start and what to do. My time is running and I do not want to get in trouble. Both of my children are legal US citizens. With birth certificate and SSN nr. No green card status on both minors. Can the USCIS deport me just like that if I have to legal US citizens that I am the custodial parent of???? Pls can somebody help me in my case. I would highly appreciate it. Thank you.

  • #2
    Removal of condition I-751 for 2 yr Visa during legal separartion

    File I 751 with court order and write down in form that you are divorcee but I recommend you that hiring an attorney is good for you because after filing I 751 mostly uscis issue RFE and at that time you will be confused
    This is my opinion not legal advice

    Comment


    • #3
      Since she is on "separation" status and not divorced, she should not claim "divorced."

      She can select 1e or 1g, and be prepared t provide evidence for those selections.


      --Ray B

      Originally posted by yogeggan2 View Post
      File I 751 with court order and write down in form that you are divorcee but I recommend you that hiring an attorney is good for you because after filing I 751 mostly uscis issue RFE and at that time you will be confused
      This is my opinion not legal advice

      Comment

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