Hi All,
I believe my husbands CGC experies the end of January, I have not seen it, and he wants to lift conditions. I will no be lifting conditions jointly with him and we do not have evidence showing that we are a couple, but neither of us have filed for divorced. I advised him to lift conditions on his own and since he is so close withing the 90 period, to also sign a waiver stating that I refuse to lift conditions with him. Is this accurate?

Others more knowledgeable than I will be along soon to give advice - but he won't be able to lift conditions on his own without a finalized divorce - a waiver from you is not enough. But if he really doesn't have any evidence that you have been a couple together, he will have a very tough time to do so...

He can't file it on his own unless he requests a waiver because of divorce, death, or spousal abuse.

Why leave him in limbo like that? If you won't support lifting his conditions, why haven't you filed for divorce?

If there's no evidence that a bona fide marriage ever existed - and from the original post it sort of sounds that way - then he won't have his conditions lifted with or without a divorce. As it stands, he better think something up - rather have a competent legal counsel think something up - or get packing.

I wouldn't go that far... They obviously had enough evidence to show the marriage was bona fide to get the conditional green card. Obviously things fell apart since then.

I'm not trying to pressure the OP to sign the paperwork if she believes the relationship is not bona fide. I'm just saying she cannot have it both ways. If she truly believes her marriage is not bona fide then she should take steps to end it.

I remember reading sometime back on VJ that a spouse refusing to sign a I-751 while still married can be used as evidence of spousal abuse. Refusing to sign the removal of conditions paperwork without taking steps to file for divorce sends a mixed message that a good attorney might be able to exploit to allege spousal abuse.

There are two sides to every story and we don't know the facts of the case.

My advice... Sign the I-751 or cut him loose.

Yes, there are always two sides to the stories. I don't know his side of the story, but we don't live together and I didn't know where he was until recently. He is adamant that he won't get a divorce and that he'll destroy the papers or disappear if I try to have him served again. He claims he lost his GC and all of his papers and mine too. I don't want to print all on VJ but you can pm me .

Sounds like it's his problem, not yours then! If he flew the coop and left you, then I don't blame you for not wanting to help him lift the conditions on his gc!