Hey all,
just wondering weather there is any one out there who is on the process or have completed the process of filling I-751 for removing conditions alone. also does any one know who has final say on that?
can it be appealed at a court or is it at total descretion of some one at USCIS?

thanks!!!

It can be appealed to an Administrative Law Judge assuming you've never been deported before. If your application is denied, you'll actually have several hearings, IIRC.

Thank you very much for the response!! i have never been deported or any thing. the reason why im interested to know is i have some evidence, which i dont want to present unless other wise its really required. wanted to make sure there is going to be a chance to present them if required.

Oh, and I'm sorry to only focus on the scary part of your post; it's just that's the only part I know the answer of! I hope things work out for you and you don't need to find out for yourself.

I would suggest you PM the VJ member SHONA, she has just been through this, including a court date.

No, Shona is filing the I-360 on the basis of being the Self-Petitioning Spouse of an Abusive US Citizen, which is to get a regular green card on the basis of having been an abused spouse. I know she never adjusted status while married, and I'm not even sure she filed the I-485 before separating--they started deportation proceedings against her and she had to prove it wasn't her fault that the I-485 was filed late.

In any case, the process she has to go through is very different from filing the I-751 solo.

Why would you withhold evidence? Even if you do have a chance to appeal a negative decision, it's a long, drawn-out and costly process. Why not assemble a petition that will secure your fate now?

i have evidence of my USC spouse telling me that she would delay the divorce, for me to remove the conditions if i dont try to hang on to the marriage and try to talk to her. even though she was being really mean and rude, i dont want to bring them up if it could get her in trouble. but may be it won't.

Well, if that's the case, rather than present that piece of evidence, why not ask your soon-to-be ex-spouse to prepare an Affidavit to accompany your waiver, attesting to the bona fides of the marriage? It would seem that this shouldn't be too difficult for her to do.