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Kevin.kevin

Removal of Conditions & Divorce

By Kevin.kevin in Effects of Major Family Changes on Immigration Benefits

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Kevin.kevin Newbie

Kevin.kevin   0

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Filed: IR-1/CR-1 Visa Country: Pakistan
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Hi VJ members.

I am in a complicated situation. So I came to the US couple of years ago and I just applied for removal of conditions on my conditional green card. Me and my wife were blessed earlier this year with a baby. But right after my child’s birth my wife started distancing herself from me. Now the situation is that she wants to divorce me.

My question is what options I have in terms of staying in the US. I just need advice to tackle the situation in a smart way so that I can continue to live here and be close to my child. I want to know what’s the best legal way of staying in the US considering that my removal of conditions application is in process at the moment.

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Kevin.kevin Newbie

Kevin.kevin   0

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Filed: IR-1/CR-1 Visa Country: Pakistan
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You will have to be honest with them at the interview. Providing that you have plenty of proof of a bonafide marriage you should be fine to remove conditions via a waiver.

I selected basis for my petition as 'joint Filing' because I am still living with my wife and my application is in process and have already received the biometric letter. Do they always call for interview for removal of conditions and do I have to go with my wife to the interview? Should I send in a new application?

Thanks very much for your help.

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Transborderwife Veteran

Transborderwife   4,666

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Filed: Other Country: Canada
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I selected basis for my petition as 'joint Filing' because I am still living with my wife and my application is in process and have already received the biometric letter. Do they always call for interview for removal of conditions and do I have to go with my wife to the interview? Should I send in a new application?

Thanks very much for your help.

I'm not certain of the answers to every question here but I do believe that you'd need a new application.

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Kevin.kevin Newbie

Kevin.kevin   0

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Filed: IR-1/CR-1 Visa Country: Pakistan
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I'm not certain of the answers to every question here but I do believe that you'd need a new application.

Oh really :(. Thats just so frustrating. Does my wife have to be at the interview If I get called for one?

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Transborderwife Veteran

Transborderwife   4,666

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Filed: Other Country: Canada
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Oh really :(. Thats just so frustrating. Does my wife have to be at the interview If I get called for one?

. Yes. However you don't have a bonifide marriage to speak of at the moment so I don't believe that you'd be able to continue with this.
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Ryan H Grand Master

Ryan H   3,790

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Filed: Lift. Cond. (apr) Country: China
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Moved from IR-1/CR-1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Kevin.kevin Newbie

Kevin.kevin   0

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Filed: IR-1/CR-1 Visa Country: Pakistan
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. Yes. However you don't have a bonifide marriage to speak of at the moment so I don't believe that you'd be able to continue with this.

so do you suggest I call contact USCIS and ask them to cancel my current application because that application was also signed by my wife and she willingly applied.

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Arslan12 Contributor

Arslan12   20

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Filed: IR-1/CR-1 Visa Timeline
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Hi VJ members.

I am in a complicated situation. So I came to the US couple of years ago and I just applied for removal of conditions on my conditional green card. Me and my wife were blessed earlier this year with a baby. But right after my child’s birth my wife started distancing herself from me. Now the situation is that she wants to divorce me.

My question is what options I have in terms of staying in the US. I just need advice to tackle the situation in a smart way so that I can continue to live here and be close to my child. I want to know what’s the best legal way of staying in the US considering that my removal of conditions application is in process at the moment.

Stay cool dude. You have nothing to worry about. You haven't gotton divorced yet. You are still married and living together with your wife. Just wait for your 10 years green card patiently. But if you file for divorce before your Application is approved, then you will have to inform USCIS. They will send you RFE requesting your divorce decree. But right now you have no problem ! People here will try to scare you. lol

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Arslan12 Contributor

Arslan12   20

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Filed: IR-1/CR-1 Visa Timeline
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so do you suggest I call contact USCIS and ask them to cancel my current application because that application was also signed by my wife and she willingly applied.

No Do not do that ! Don't call USCIS. You don't need to. The advice given to you is completely wrong. You have to call USCIS only when you separate from your wife and file for divorce. but right now you just stay calm and wait for the approval !

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Kevin.kevin Newbie

Kevin.kevin   0

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Filed: IR-1/CR-1 Visa Country: Pakistan
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No Do not do that ! Don't call USCIS. You don't need to. The advice given to you is completely wrong. You have to call USCIS only when you separate from your wife and file for divorce. but right now you just stay calm and wait for the approval !

Thanks Arslan, Appreciate your and everyone else's help who commented. I will contact you in future should I have any further questions.

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Kevin.kevin Newbie

Kevin.kevin   0

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Filed: IR-1/CR-1 Visa Country: Pakistan
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Posted (edited)

There may not be an interview. But if there is one, and you guys are not yet divorced at that point, will your wife be willing to attend the interview?

Hopefully she will. What are my options if she does or does not go to the interview?

Edited by Kevin.kevin
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newacct Experienced

newacct   688

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Filed: Timeline
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Hopefully she will. What are my options if she does or does not go to the interview?

If there is no interview, and you guys remain married during the Removal of Conditions process, it can be approved.

If there is an interview, and she is willing to go, and you guys remain married during the Removal of Conditions process, it can be approved.

If there is an interview, and she is not willing to go, then you will have to switch the Removal of Conditions to be on the basis of divorce, and divorce ASAP.

If the divorce is final before the Removal of Conditions is complete, you also need to switch it to be on the basis of divorce.

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SalSterling Explorer

SalSterling   10

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Filed: K-1 Visa Country: Pakistan
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Posted

Kevin,

Your marriage is in trouble like many in US, but you are still married and have a baby. Don't withdraw your current petition for removal of condition and even if she don't go with you then you must go alone and tell the adjudication officer the truth and then USCIS will send an agent to investigate the case by visiting your home and asking from the people who know you like neighbours, relatives, and co workers.

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