Jump to content
Sign in to follow this  
Dinha

Divorce, Removing Conditions and waiver

6 posts in this topic

Recommended Posts

Filed: AOS (apr) Country: Brazil
Timeline

Hello guys!

Well, my marriage ended up and I have my CG good till 03/09.

I was gathering information here and I checked up all the information about what I will need.

I will start my divorce process ASAP and I noticed that since my marriage is over I will have to fill that form out by miself with a WAIVER.

Sorry my stupid question, but what is a " WAIVER" ?? :(

Thank you guys!

Share this post


Link to post
Share on other sites
Filed: Timeline
Hello guys!

Well, my marriage ended up and I have my CG good till 03/09.

I was gathering information here and I checked up all the information about what I will need.

I will start my divorce process ASAP and I noticed that since my marriage is over I will have to fill that form out by miself with a WAIVER.

Sorry my stupid question, but what is a " WAIVER" ?? :(

Thank you guys!

Waiver is another term for self-petitioning to remove conditions by use of form I-751 with "d" checked on the top of the form, under the section that states....I am


"diaddie mermaid"

You can 'catch' me on here and on FBI.

Share this post


Link to post
Share on other sites

A waiver is like a relaxation of the law or rules. They have very specific rules for different immigrations, but there are a few circumstances where they will 'waive' certain parts of the rules if you have a good reason. So if you have one of those reasons, then an official will allow you a 'waiver' or special permission to adjust status on your own without following the normal rules (like have a USC husband as part of the picture.) You should study up on what the conditions are to get a waiver to see if you would be eligible.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Share this post


Link to post
Share on other sites
Filed: Timeline
Just a warning: removing the Conditional Status will be tough if you divorce before you do so.

A friend of mine tried it and ended up deported. That doesn't mean the same will happen to you, but I'm guessing that's a risk that comes with it.

Not necessarily true. I've seen oodles of waivers successful. The main criterion is that the divorced alien must have a divorce decree and evidence of the bonafide nature of his or her intentions upon entering into marriage. The bonafide nature of those intentions is demonstrated by actions taken upon becoming married to share a residence and a financial life with the former USC spouse.


"diaddie mermaid"

You can 'catch' me on here and on FBI.

Share this post


Link to post
Share on other sites
Just a warning: removing the Conditional Status will be tough if you divorce before you do so.

A friend of mine tried it and ended up deported. That doesn't mean the same will happen to you, but I'm guessing that's a risk that comes with it.

I don't think so. Friend of mine was married less than a year and got 10yGC without problem (she run away from Russia with 2 kids, from 2 Russian alcoholic ex-husbands with high hopes, but ended up with an American-Irish alcoholic; nice guy, great professional, 6-figure income-but still needed to drink every day-morning and night; he was not abusive-I think she just filed a waiver with divorce decree). As long as marriage was bona fide and you can back it up with some proof, you should be ok.

My lawer said to me years back (at condition GC stage)-that if my marriage would not work out, I should call him and there should not be any problem with removal of conditions. And timeframe is the same for most cases. Only you have to remember, that immigration is not like court procedings-no presumption. So, you have to prove that marriage bona fide.


Karina and Tomy

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...