Remove Condition After Divorce

[ahmed elwali 0]

Hello, my wife and I would like to divorce peacefully but we are trying to find a way that I can stay here. It didn't work out between us but we are still friends. My green card expires in September 2018 and I am worried about applying to remove the conditional green card. It says that I need to prove an extreme hardship in my country. 

 

My questions are:

1) Do I actually need to prove an extreme hardship? 

2) How do I prove extreme hardship, if needed?

3) How can my wife help me with this? She is willing to help me in any way.

4) If anyone has been through this process, what were any complications you had or heard of? 

5) How can I prove my marriage was on good faith? (I went through the K-1 Fiance Visa process) 

6) What are my chances of staying? 

 

Thank you for your help. 

[KULtoATL 1,551]

Divorce waiver should work fine in your case provided that you can prove that you entered the marriage in good faith.

[ahmed elwali 0]

KULtoATL: Then why does the USCIS website say you need to prove extreme hardship? And how do you know this information?

This is what the USCIS website states: https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

"In such cases, you may apply to remove the conditions on your permanent residence at any time after you become a conditional resident, but before you are removed from the country. You must provide evidence that removal from the United States would cause you extreme hardship."

[nightingalejules 678]

No, you don't need to prove hardship. This one applies to you.

Eligibility Criteria

Generally, you may apply to remove your conditions on permanent residence if you:

• Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did;
• Are a child and, for a valid reason, cannot be included in your parents’ application;
• Are a widow or widower who entered into your marriage in good faith;
• Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or
• Entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse.

See that "or"? It means that you don't have to prove both. Just one. Start the divorce proceedings, and file with a divorce waiver. You need all the same proof that you were legitimately married, lived together etc, but that it didn't work out. USCIS will eventually issue an RFE for the divorce decree, and you'll have to send it once you get it.

You're more likely to be called for an interview than if you were still married, but most are approved anyway. 

You'll find lots of help on here. Relax, and good luck!

 

[ahmed elwali 0]

1 minute ago, nightingalejules said:

No, you don't need to prove hardship. This one applies to you.

Eligibility Criteria

Generally, you may apply to remove your conditions on permanent residence if you:

• Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did;
• Are a child and, for a valid reason, cannot be included in your parents’ application;
• Are a widow or widower who entered into your marriage in good faith;
• Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or
• Entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse.

See that "or"? It means that you don't have to prove both. Just one. Start the divorce proceedings, and file with a divorce waiver. You need all the same proof that you were legitimately married, lived together etc, but that it didn't work out. USCIS will eventually issue an RFE for the divorce decree, and you'll have to send it once you get it.

You're more likely to be called for an interview than if you were still married, but most are approved anyway. 

You'll find lots of help on here. Relax, and good luck!

 

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage 

So those bullet points are the first part of it, and what you said is true, but underneath shows other information regarding specific cases. And one says:

If You Are No Longer Married To Your Spouse or If You Have Been Battered or Abused by Your U.S.-Citizen or Lawful Permanent-Resident Spouse or Parent:

 

You can apply to waive the joint filing requirement if you are no longer married to your spouse, or if you have been battered or abused by your U.S.-citizen or lawful permanent-resident spouse or parent.

In such cases, you may apply to remove the conditions on your permanent residence at any time after you become a conditional resident, but before you are removed from the country. You must provide evidence that removal from the United States would cause you extreme hardship.

 

[KULtoATL 1,551]

Here's a guy whose ROC with a divorce waiver that got approved. It's a 2015 thread so please read it for your reference but do not revive the thread because I will be stoned for linking it to you in the first place  Have faith! As @nightingalejules said, go get a divorce first and start gather the relevant documents in the meantime. You'll need more than just your divorce decree. Best of luck.

 

 

[KULtoATL 1,551]

2 minutes ago, ahmed elwali said:

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage 

So those bullet points are the first part of it, and what you said is true, but underneath shows other information regarding specific cases. And one says:

If You Are No Longer Married To Your Spouse or If You Have Been Battered or Abused by Your U.S.-Citizen or Lawful Permanent-Resident Spouse or Parent:

 

You can apply to waive the joint filing requirement if you are no longer married to your spouse, or if you have been battered or abused by your U.S.-citizen or lawful permanent-resident spouse or parent.

In such cases, you may apply to remove the conditions on your permanent residence at any time after you become a conditional resident, but before you are removed from the country. You must provide evidence that removal from the United States would cause you extreme hardship.

 

You weren't battered or abused by your USC wife, were you??? 

[ahmed elwali 0]

1 minute ago, KULtoATL said:

You weren't battered or abused by your USC wife, were you??? 

If you are no longer married to your spouse OR if you have been battered...

That means just not being married any longer also needs the requirements below, not just being abused.

[KULtoATL 1,551]

4 minutes ago, ahmed elwali said:

If you are no longer married to your spouse OR if you have been battered...

That means just not being married any longer also needs the requirements below, not just being abused.

You really need to read the instructions in full on the USCIS page to give you context. Underneath the part that you had quoted, there were also info such as the following which would apply to you more appropriately:

 

How to Get a Waiver of the Requirement to File a Joint Petition

If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

You may request a waiver of the joint petitioning requirements if:

• Your deportation or removal would result in extreme hardship
• You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition
• You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition

Note: Refer to Form I-751 for more specific information on waivers

 

If You Are In Divorce Proceedings But Are Not Yet Divorced

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

• You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).
• You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

Upon receipt of the final divorce decree or annulment within the specified time period, we will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.

Edited March 28, 2017 by KULtoATL

[ahmed elwali 0]

Is it a good idea if my wife write a statement saying that we had a real marriage and that i entered the marriage with good intentions ?

[Mollie09 1,543]

5 hours ago, ahmed elwali said:

Is it a good idea if my wife write a statement saying that we had a real marriage and that i entered the marriage with good intentions ?

Yes, it's a good piece of evidence.

[Derwood 202]

Bear in mind that even in the worst case scenario, if USCIS denied your case and took you to court, the onus is on them to prove the marriage was fraudulent with the purpose of evading immigration laws. That clearly isn't the case! You'll be fine!

[ahmed elwali 0]

Thanks you guys . I will update you with anything new that happen.