Spouse based green card trouble

[sanket2187]

I married in 2007 and filed for my status adjustment in 2008. I received conditional GC in 2009. Now I have to file for removal of condition by end of this year, but I and my wife is going through rough patch and she refuses to sign the conditional removal paper. What are my option in this matter. I have been married with her for 3 years. I have all the phone records, email exchanged, travel proof, pictures, videos, filed join income tax at the end of every year, joint bank account, we live together, she is on my car insurance card and also she had one miscarriage.

What is the next step I need to take in order for me to not loose the GC and become illegal in this country. Any one can please help me on this matter. I have been married since last 3 years with her.

[daru786]

You need to patch up with her somehow. You need her for your final interview.

[BigJoe5]

good faith waiver--ends in divorce--may be only option

If you two cannot patch things up, file for divorce.

You cannot file the I-751 seeking a good faith marriage based waiver with USCIS until a divorce is final.

If you fail to file the I-751 with USCIS then you will be sent before an Immigration Judge to be ordered removed (deported). You can file your I-751 late, before the judge. In fact he will grant a continuance to allow your divorce to be finalized. You will continue in lawful status during the continuance. Document the miscarriage as a reason that she turned on you. I know it sounds creepy but it does help explain her behavior towards you and that it started out as a real marriage.

In the alternative, if you can prove her cruelty or other abuse there is a seperate waiver that would not require a final divorce but there may not be any viable evidence.

Have you sought counseling from a shrink, clergy, social services, or marriage counselor? (That is possible evidence of your situation that does not require final divorce).

Have there been any fights where the cops showed up and she got arrested for abusing you? (Doubtful).

Read the memo at the following link.

http://www.uscis.gov/files/pressrelease/CRwaiver041003.pdf

You can file for divorce and when the divorce is final, you can get a waiver based on a good faith marriage that went bad.

It would help your cause to charge her with mental cruelty, in part, for her behavior in refusing to file the I-751.

[rad802]

Help i-751

I need a clear set of instructions. I-751
The government version is almost worthless!

[BigJoe5]

rad,

What type of filing is it?

Joint or waiver? What is the basis?

What part are you having trouble with? Filling out the form or gathering evidence?