complicated situation to remove my conditional green card

[world]

Good morning everybody. I'm really in need of your urgent help regarding my conditional green card. I married my wife, we have a kid together. We've been separated for months cause of our difference and always argued. We stayed friends until last month she told me that she will not sign the paper to remove my conditional GC and yesterday I received her divorce papers which I have not sign yet. My conditional green card will be expired April 20th and I do not have money to pay a lawyer cause I'm not working. What can I do please? Thank you for your precious help.

[dhira_98]

My friend has been going through the same scenario and this is what I have learned:

1. Since you card is expiring on Apr 20, I hope that you have applied for to remove the condition. If not you need to apply as soon as possible.

2. If you are separated and there is a no hope of reuniting then you need to get the divorce papers signed by the all parties. Because Immigration officer need to see your divorce decree before he/she will remove the condition.

3. Make sure that you get visiting rights or weekend custody of your child from your spouse. This will help to remove the condition.

4. Make sure that you pay child support (whatever agreed or whatever you can afford) every month to your wife and keep a record of it.

5. I hope that there is no spouse abuse charges against you. And stay away from these issues.

Make your case stronger by proving that you provide major support to your child and play a parental role in his/her life.

In summary if have not applied for to remove condition, then finalize on your divorce then file the petition ASAP. Get visiting rights/custody and pay child support .

Davinder

[lionofafrica]

Removal of conditions on LPR/Green Card


Hello you are in a dire strait, you are suppose to apply for removal of conditions by a minimal of 90days before the expiration of the card, this obviously you have not done. You cannot get final divorce decree in one day or 1 week, it takes months except in Nevada( where you can get it in hours or days) since you have a kid together the divorce will or may be contested( issue of child support parental visits- these things takes time) and you cannot take the divorce proceeding to another state just like that unless she is willing to cooperate with you( in which case you will have to act fast and look for a state that issue mail order divorce and rush there to get one )
Your goose is cooked unless you act fast, by this I mean act fast. Give whatever she wants, make love to her if you are a stud and she likes it just do whatever it takes to make her sign those papers.
In the alternative pray that the IO does not request for a supporting document of continous marriage and stay separated and claimed that there is a likelihood of a future reconciliation because of the baby( this is your amazing/saving grace) and most likely you will have your green card.
Lastly my advise do not sign the divorce papers stay separated until you have your LPR, she does not have to sign it any way, just show that the marriage was in good faith, you have a kid together and you are in your kids life and intend it to remain so .
Good Luck( put in your application-sign it for her if possible, add birth certificate of your child and family photos when things are good).

Lionofafrica.

[dhira_98]

Mr Lionofafrica,
I agree with you on trying to make things workout, evidence of good faith of marriage and supporting the child. But if he is going to apply or has applied as separated without wife's signature, mostly likely IO will not remove the condition without having the divorce decree (IO did not complete the application without the divorce decree in my friends case).

And By the way, On form I-751 section 2, a-g, there is no option to file as separated. Either you can file jointy or with divorce or with others ie battered spouse and etc.

My two cents.

[world]

thank you Davinder

Thank you Davinder, your info is very helpful but I still have some questions. Do you think its something I can do by myself or I need a lawyer? About the support of my child, I so trusted my wife that when I send money I dnt keep the receipts. We live in different state and I've been jobless for like 2 months and can't send money for the child. Is that gonna be a big problem? About the divorce, I received the paper but haven't signed it yet and I haven't applied to remove the condition yet either. Thanks for your precious help.

My friend has been going through the same scenario and this is what I have learned:

1. Since you card is expiring on Apr 20, I hope that you have applied for to remove the condition. If not you need to apply as soon as possible.

2. If you are separated and there is a no hope of reuniting then you need to get the divorce papers signed by the all parties. Because Immigration officer need to see your divorce decree before he/she will remove the condition.

3. Make sure that you get visiting rights or weekend custody of your child from your spouse. This will help to remove the condition.

4. Make sure that you pay child support (whatever agreed or whatever you can afford) every month to your wife and keep a record of it.

5. I hope that there is no spouse abuse charges against you. And stay away from these issues.

Make your case stronger by proving that you provide major support to your child and play a parental role in his/her life.

In summary if have not applied for to remove condition, then finalize on your divorce then file the petition ASAP. Get visiting rights/custody and pay child support .

Davinder

[dhira_98]

If you can afford a lawyer, then you should hire a lawyer. If you send child support by check/MO or any other means keep a record. Try to be a good father.


You will get permanent green only if you can prove the following:
1. Your marriage was entered in good faith.
2. You have ties in USA (which if your child).
3. Your child will suffer if you don't get permanent residence is US.
4. You have no criminal record.

Like I said earlier, you can make you case stronger by providing child support and having visiting rights/custody of you child.
But You are living in another state far away from your child, You don't provide child support regularly and don't visit or play an important role in your child' life There is no proven father child relationship. THEN WHY DO YOU EXPECT THAT YOU WILL GET A PERMANENT GREEN CARD??

You need to work on these issue and it not too late yet.

You should apply ASAP. If you think that thing are not going to work out with your wife,
then file as divorced and you can send the divorce decree later on after you finalize of the divorce, but you need file asap to get visa extended for 1 more year. You need this to find a JOB.

[daru786]

Thank you Davinder, your info is very helpful but I still have some questions. Do you think its something I can do by myself or I need a lawyer? About the support of my child, I so trusted my wife that when I send money I dnt keep the receipts. We live in different state and I've been jobless for like 2 months and can't send money for the child. Is that gonna be a big problem? About the divorce, I received the paper but haven't signed it yet and I haven't applied to remove the condition yet either. Thanks for your precious help.

You will have to prove EXTREME HARDSHIP some how or else your green card will be denied. Trust me with this one, my friends GC got denied since they had legal separation and had two kids between them.

Contact an experience attorney and work out a payment plan, this is the best advice I can give you!