Removing the conditional on hardship grounds

[civi 0]

Hi guys,

I currently have my conditional green card in hand after marrying my wife who is a US citizen. It is a bit early to meet the 2 years anniversary milestone to remove the conditional. However, I would like to know, if it is possible at this point of time to apply to remove the conditional and wave the joint filing requirement on "extreme hardship" basis "with no divorce is in place"

I'm speculating that my case may qualify for extreme hardship on multiple unchangeable grounds. One major ground is that I'm stateless, I had the merit to born and live in a third country which I moved from to the US. Nonetheless, there policies don’t grant permanent residency nor citizenship by birth to anyone and thus I remained carrying my current identity. Now that I have moved to the US, I had to abandon and forgo my residency in that country which I have spent my entire life in. In consequence, I can't return to it at all in the future for the very same fact that I'm stateless!.

I used to carry a travel document from a notorious country, which millions of people are and have been fleeing from since few years. My travel document is expired and I'm afraid to even renew it because the fear of persecution. No elsewhere in the world I can move to neither now nor in future.

In collective consequences, this exacerbates the psychological suffering I have been living knowing that my current status is contingent on unpredictable factors. In which the impact is conceivable.

Other grounds may be facts like [disruption of educational opportunities which I have embarked on, economic and financial impacts, mobility disability…]

hope for some insights into this, help from experts is highly appreciated.

Regards,

Civi.

[Merrytooth 5,748]

If you are still happily married to your USC wife, then file for ROC jointly.

[Mollie09 1,543]

Why would you need to waive the joint filing if you're still together? You're overcomplicating something which is exceedingly simple.

[civi 0]

hey guys, thanks for the reply.

I don't really view it as complication. read the following cited from I-751 instruction: (the text is copied as is)

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;

2. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;

3. You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning spouse; or

4. Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent's U.S. citizen or permanent resident spouse or by your conditional resident parent; or

5. The termination of your status and removal would result in extreme hardship.

When Should I File Form 1-751?

1. Filing jointly. Ifyou are filing this petition jointly with your spouse, you must file it during the 90 day period immediately before your conditional residence expires.

2. Filing with a request that the joint filing requirement be waived. You may file this petition at any time after you are granted conditional resident status and before you are removed from the U.S.

the purple text seems to clearly warrant those individuals who meet its requirements and who are still married to apply for both "waving and removing" any time immediately after conditional status has been obtained. so if someone is permitted to do this as early as that, why should he waits so long and then start another lengthy process that will render the same results anyway?

Edited September 2, 2014 by civi

[AnnaMaria 68]

You are avoiding the statements of the two people who tried to help you.

If you are still married, which you have not answered, why would you want to waive the requirement to to file jointly? I'm no immigration expert, but wouldn't it be easier to do this with your wife who is a U.S. Citizen to strengthen your request?

[GurkenSalat 48]

You are avoiding the statements of the two people who tried to help you.

If you are still married, which you have not answered, why would you want to waive the requirement to to file jointly? I'm no immigration expert, but wouldn't it be easier to do this with your wife who is a U.S. Citizen to strengthen your request?

I'm confused about this too...

[Mollie09 1,543]

hey guys, thanks for the reply.

I don't really view it as complication. read the following cited from I-751 instruction: (the text is copied as is)

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;

2. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;

3. You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning spouse; or

4. Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent's U.S. citizen or permanent resident spouse or by your conditional resident parent; or

5. The termination of your status and removal would result in extreme hardship.

When Should I File Form 1-751?

1. Filing jointly. Ifyou are filing this petition jointly with your spouse, you must file it during the 90 day period immediately before your conditional residence expires.

2. Filing with a request that the joint filing requirement be waived. You may file this petition at any time after you are granted conditional resident status and before you are removed from the U.S.

the purple text seems to clearly warrant those individuals who meet its requirements and who are still married to apply for both "waving and removing" any time immediately after conditional status has been obtained. so if someone is permitted to do this as early as that, why should he waits so long and then start another lengthy process that will render the same results anyway?

These statements are aimed at people who are in removal proceedings. Are you?

Anyways, what you're trying to do will send up all sorts of red flags in your process and they will scrutinize your petition to death. Good luck with that.

Why come to a forum if you already have all the answers and just want to argue with people?

[civi 0]

hey guys I appologies but I did not avoid any statement. I thought I made it clear since the start that yes I'm married and yes it is the standard practice to file it jointly after the completion of 2 years. however you need to note that the joint filing is only permitted at the maturity of 2 years. However, the concern was to know if that is a possible route to approach early.

thanks

[AnnaMaria 68]

I am under the impression things are not working or have already stopped with his U.S. spouse, and they are possibly facing a divorce soon in which this issue is going to arise. That or he is trying to gain the removal of conditions without his spouse's knowledge for his own reasons.

These are purely speculations based on the vague information you provided Civi. If i have this all wrong, forgive me, but as F1H said, you're not really asking questions, you're just highlighting form instructions without elaborating on what your situation is and expecting us to put the pieces together why you would want to do this without your U.S. Citizen spouse and possibly make things incredibly difficult for yourself.

[AnnaMaria 68]

hey guys I appologies but I did not avoid any statement. I thought I made it clear since the start that yes I'm married and yes it is the standard practice to file it jointly after the completion of 2 years. however you need to note that the joint filing is only permitted at the maturity of 2 years. However, the concern was to know if that is a possible route to approach early.

thanks

And it is noted that you can remove your conditional residency at the end of two years, but the question is, why do you feel like something would happen between now and then that you need to pursue removing the conditions for yourself? If your marriage is legit, and you and your spouse and happily married, what do you have to worry about? On the other hand, if the marriage is failing and your fear is that a removal is imminent, then I personally would make that known so people here can give you the advice you might need to avoid such a situation.

Overall, you're only going to get an answer the quality of your question.

[Harpa Timsah 13,258]

You can only claim hardship if your marriage was not entered in good faith, meaning, that you did a fake marriage to evade immigration laws. Is that what you did?

[civi 0]

You can only claim hardship if your marriage was not entered in good faith, meaning, that you did a fake marriage to evade immigration laws. Is that what you did?

it is definitely a legitimate marriage and we live together happily. I didn't know though that hardship means fake marriage. thanks for clarifying

[kzielu 1,147]

hey guys I appologies but I did not avoid any statement. I thought I made it clear since the start that yes I'm married and yes it is the standard practice to file it jointly after the completion of 2 years. however you need to note that the joint filing is only permitted at the maturity of 2 years. However, the concern was to know if that is a possible route to approach early.

thanks

So you want to file early to be done with it bringing up some nonsense hardship grounds ? Only things you'd do is to complicate you immigration case which for you described looks perfectly fine now.

Key question is - why do you want to remove conditions early ? Other than minor inconvenience of going through the process of RoC, 2 year GC is exactly as good as 10-year one.

[akihon 129]

You can try filing early. You'll just have your entire application sent back to you because you can't "approach early" outside your 90 day filing window before your 2 year expiry.

[Boiler 43,426]

Why?

What benefit do you think this gives you?

Edited September 2, 2014 by Boiler