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VisaJourney.com > General Family Based Immigration Topics > Removing Conditions on Residency General Discussion

xtin
i know this may sound stupid! but im confused, can anyone clarify this to me? so after i file for my PR removal of condition & if they will approve it.
1.they will give me a 10 yr. PR? is this right?
2.do i have to wait for 10 yrs before i can apply for citizenship?
and also, me & my husband dont have names together on our properties and bank account ( he was divorced before so he does not want his ex get some of our stuff that we put up together).
3. will i have trouble filing for my I751?
and last question; i know i read somewhere last yr. re; applying for I751 without a spouse. can someone help me find the link pls.
my hubby passed away april this year (at age of 39, due to cancer), we dont have much travelling because he was ill the last year. im trying to settle my immigration status here before i will make a big decision. any coments & advise is much appreiated.
Nicky44
QUOTE(xtin @ Sep 20 2007, 12:29 PM) *
i know this may sound stupid! but im confused, can anyone clarify this to me? so after i file for my PR removal of condition & if they will approve it.
1.they will give me a 10 yr. PR? is this right?
2.do i have to wait for 10 yrs before i can apply for citizenship?
and also, me & my husband dont have names together on our properties and bank account ( he was divorced before so he does not want his ex get some of our stuff that we put up together).
3. will i have trouble filing for my I751?
and last question; i know i read somewhere last yr. re; applying for I751 without a spouse. can someone help me find the link pls.
my hubby passed away april this year (at age of 39, due to cancer), we dont have much travelling because he was ill the last year. im trying to settle my immigration status here before i will make a big decision. any coments & advise is much appreiated.


Xtin, I am so sorry to hear of your news, try doing a google search on the I-751, once you get your 10 year GC, I think you can apply for citizenship after 3 years.

I'm sure a senior member can help you out more than I can.

eau_xplain
xtin,

I'm sorry to hear about your husband. I do recall you posting about it during your AOS process but I wasn't sure at first if it was you.

In your case, you don't have to wait until 90 days before your conditional GC expires. You can file now under a waiver ....

QUOTE
If you are still married, the petition should be filed jointly by you and the spouse through whom you obtained conditional status. However, you may apply for a waiver of this joint filing requirement if:

1. You entered the marriage in good faith, but your spouse subsequently died;


You may find all this here.

As to your other questions:

QUOTE
1.they will give me a 10 yr. PR? is this right?


Yes, you will get a 10-year Green Card.

QUOTE
2. do i have to wait for 10 yrs before i can apply for citizenship?

No. But I do think you have to wait 5 years from the date your conditional GC was approved before you can apply for citizenship.

QUOTE
and also, me & my husband dont have names together on our properties and bank account ( he was divorced before so he does not want his ex get some of our stuff that we put up together).


You may send:

1) Tax transcripts that you and your husband filed since you got married
2) Utilities under both your names. If you don't have any, submit bills that show your husband's name and addressed to your joint residence plus bills showing your name and addressed to your joint residence.
3) Cards from friends, relatives addressed to both of you; or addressed to you during your husband's passing
4) letters from friends, relatives

You might also want to consider getting affidavits from friends. According to USCIS, these are

QUOTE
Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship. (Such persons may be required to testify before an immigration officer as to the information contained in the affidavit.) The original affidavit must be submitted and also contain the following information regarding the person making the affidavit:his or her full name and address; date and place of birth; relationship to you or your spouse, if any; and full information and complete details explaining how the person acquired his or her knowledge.


QUOTE
3. will i have trouble filing for my I751?


I personally don't think you will have any trouble.

tweety
QUOTE(xtin @ Sep 20 2007, 12:29 PM) *
i know this may sound stupid! but im confused, can anyone clarify this to me? so after i file for my PR removal of condition & if they will approve it.
1.they will give me a 10 yr. PR? is this right?
2.do i have to wait for 10 yrs before i can apply for citizenship?
and also, me & my husband dont have names together on our properties and bank account ( he was divorced before so he does not want his ex get some of our stuff that we put up together).
3. will i have trouble filing for my I751?
and last question; i know i read somewhere last yr. re; applying for I751 without a spouse. can someone help me find the link pls.
my hubby passed away april this year (at age of 39, due to cancer), we dont have much travelling because he was ill the last year. im trying to settle my immigration status here before i will make a big decision. any coments & advise is much appreiated.


1. yes, you will receive a 10 yr card after having the I751 approved
2. no, you have to be physically present in the US for a certain amount of time and be a permanent resident for 5 years. There is a fast track route for us former K1/K3s etc, that received their permanent resident card through marriage, then the wait time is 3 years. However you still have to be married to the person through who you have initially received the greencard. I am unsure how a widowed greencard holder would be treated in this respect.
3. it might be more difficult when you don't have a lot to show for regarding evidences, but no-one can tell you in advance if you'll have trouble with I751 or not.

There's a special section on this board ( Effects of Major Family Changes on Immigration Benefits), where you might find more/better answers regarding your special situation: http://www.visajourney.com/forums/index.php?showforum=127
There is also a pinned post with a link to the faq section that will contain helpful information

I'm really sorry to hear about your loss, and I wish you lots of strength for your future.

xtin
thank's for the advices & comments! i appreciate it very much!
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