Apply for I-751 without I-485?

[rnorum 0]

129F approved, K-1 approved, marriage within 90 days, problems with marriage, no I-485 completed, divorce. Can abused spouse file for I-751 (remove conditions) without ever having completed the I-485 (Adjustment of Status)? Assume I-751 abused spouse waiver is allowed and the spouse can file the I-751 without other spouse joining in. Also, at what point in time is the spouse in this country illegally?

[Dakine 26]

129F approved, K-1 approved, marriage within 90 days, problems with marriage, no I-485 completed, divorce. Can abused spouse file for I-751 (remove conditions) without ever having completed the I-485 (Adjustment of Status)? Assume I-751 abused spouse waiver is allowed and the spouse can file the I-751 without other spouse joining in. Also, at what point in time is the spouse in this country illegally?

Difficult to remove conditions when you aren't a conditional resident!

[diadromous mermaid 36]

129F approved, K-1 approved, marriage within 90 days, problems with marriage, no I-485 completed, divorce. Can abused spouse file for I-751 (remove conditions) without ever having completed the I-485 (Adjustment of Status)? Assume I-751 abused spouse waiver is allowed and the spouse can file the I-751 without other spouse joining in. Also, at what point in time is the spouse in this country illegally?

The K-1 entrant in this scenario is without a means to adjust status from non-immigrant to immigrant. The rules for K visas are clear that if adjustment is desired it must be through the initial petitioner. She could file a VAWA claim if she has enough compelling evidence that she was abused by her USC spouse and had to end the marriage due to that abuse. This spouse is already in unlawful status, as soon as the marriage through which she could have been conferred PR was terminated.

[pushbrk 13,764]

129F approved, K-1 approved, marriage within 90 days, problems with marriage, no I-485 completed, divorce. Can abused spouse file for I-751 (remove conditions) without ever having completed the I-485 (Adjustment of Status)? Assume I-751 abused spouse waiver is allowed and the spouse can file the I-751 without other spouse joining in. Also, at what point in time is the spouse in this country illegally?

Abused spouse? Remove conditions, no. You have to have conditional permanent residence to remove conditions. Adjust status, probably yes, with sufficient evidence of the abuse. See the instructions for the I-485.