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Filed: AOS (apr) Country: Germany
Timeline

I have a question regarding how to file for the removal of conditions if you are separated. My husband and i have not been able to get along ever since he returned from Iraq last summer. He has just received orders to get stationed on a short tour to Ft Meade, Maryland. Since it is a short tour, me and my kids will be staying in Texas and I am not sure if this will all end up in divorce.

Anyhow, on the I-751 Form it looks to me as if the waiver options all apply to a divorce. What should a person like myself do that is separated? I will be filing all by myself.

I have two kids which are both US citizens ... my youngest is my husband's daughter. My worst fear is getting denied and then having to leave here without my children.

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Timeline:

*Met in Tanzfleck, Germany October 24, 2003 - Continued dating until he got out of the ARMY in Nov. 2005. Continued LD relationship.

*Came to visit me in Germany for New Years 2006

*Filed for K1 Visa on 4/4/06

*NOA1 - 7/6/06

*I-129F NOA2 Approved - 9/14/06

*Came to see me Thanksgiving week in Nov. 2006

*K1 Interview - 2/2/07

*K1 Visa received - 2/11/07

*Date of US Entry (POE Chicago)- 3/5/07

*Wedding/Marriage - 3/17/07

AOS (My case was expedited due to husband going to Iraq):

*Filed for AOS - 4/20/07

*Found out in the beginning of June that husband is going to Iraq

*NOA for I-485 - 6/11/07

*Made Infopass appointment to get case expedited due to deployment (Infopass appt 6/12/07)

*Biometrics - 7/7/07

*Interview date - 7/11/07

*I-485 Aprroval date- 7/11/07

*Green Card Received- 7/19/07

Removal of Conditions:

*Filed petition to remove conditions on 6/9/09

*NOA- 6/15/09

*Biometrics Appt. in Birmingham - 8/6/09

*Lifting of Conditions Approval Date - 10/22/09

*Waiting for Green Card!

Had our daughter on 4/4/08 and have another baby due 11/19/09!!!

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Filed: Timeline

You should post in the forum called "Effects of Major Family Changes on Immigration Benefits" because they deal a lot with divorce in there. Your thread might automatically be moved in there by the moderator, who knows. But that forum really helped me. You will be able to get more help with your specific situation. This forum is basically for people removing conditions but most of the people here are married and have a pretty straight forward case.

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I have a question regarding how to file for the removal of conditions if you are separated. My husband and i have not been able to get along ever since he returned from Iraq last summer. He has just received orders to get stationed on a short tour to Ft Meade, Maryland. Since it is a short tour, me and my kids will be staying in Texas and I am not sure if this will all end up in divorce.

Anyhow, on the I-751 Form it looks to me as if the waiver options all apply to a divorce. What should a person like myself do that is separated? I will be filing all by myself.

I have two kids which are both US citizens ... my youngest is my husband's daughter. My worst fear is getting denied and then having to leave here without my children.

I think the fourth waiver option would apply for you:

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

Can you wait till your husband returns from his tour to file, so you can do it together? Does he even know you are thinking of divorce?

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: AOS (apr) Country: Germany
Timeline
I have a question regarding how to file for the removal of conditions if you are separated. My husband and i have not been able to get along ever since he returned from Iraq last summer. He has just received orders to get stationed on a short tour to Ft Meade, Maryland. Since it is a short tour, me and my kids will be staying in Texas and I am not sure if this will all end up in divorce.

Anyhow, on the I-751 Form it looks to me as if the waiver options all apply to a divorce. What should a person like myself do that is separated? I will be filing all by myself.

I have two kids which are both US citizens ... my youngest is my husband's daughter. My worst fear is getting denied and then having to leave here without my children.

I think the fourth waiver option would apply for you:

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

Can you wait till your husband returns from his tour to file, so you can do it together? Does he even know you are thinking of divorce?

I can't wait until my husband returns from his tour because he is basically kicking me and my children out. He told me the day that I posted this, that he is due to leave in may and the clock is ticking for me. So, I am moving to Texas because that is the only place I have support from family and friends. My husband has no plans on helping me in any way. He is very controlling and dominating and I'm tired of it and he is tired of not having someone who follows his thinking and ways.

Do you know what type of evidence I would have to send along with the I-751?

I read somewhere on here that if he filed the affidavit of support, I would also need to put his new address? What if i don't know it? He is refusing to give me any info.

036.jpg

Timeline:

*Met in Tanzfleck, Germany October 24, 2003 - Continued dating until he got out of the ARMY in Nov. 2005. Continued LD relationship.

*Came to visit me in Germany for New Years 2006

*Filed for K1 Visa on 4/4/06

*NOA1 - 7/6/06

*I-129F NOA2 Approved - 9/14/06

*Came to see me Thanksgiving week in Nov. 2006

*K1 Interview - 2/2/07

*K1 Visa received - 2/11/07

*Date of US Entry (POE Chicago)- 3/5/07

*Wedding/Marriage - 3/17/07

AOS (My case was expedited due to husband going to Iraq):

*Filed for AOS - 4/20/07

*Found out in the beginning of June that husband is going to Iraq

*NOA for I-485 - 6/11/07

*Made Infopass appointment to get case expedited due to deployment (Infopass appt 6/12/07)

*Biometrics - 7/7/07

*Interview date - 7/11/07

*I-485 Aprroval date- 7/11/07

*Green Card Received- 7/19/07

Removal of Conditions:

*Filed petition to remove conditions on 6/9/09

*NOA- 6/15/09

*Biometrics Appt. in Birmingham - 8/6/09

*Lifting of Conditions Approval Date - 10/22/09

*Waiting for Green Card!

Had our daughter on 4/4/08 and have another baby due 11/19/09!!!

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

If your husband is not willing to help you at all, in order to file to remove conditions with the waiver you will need to get a divorce.

Depending on the state you file your divorce at, the time to get a divorce decree varies.

The evidence you submit with the waiver filing is the same as you would submit if you were married, you only add the divorce decree + letter explaining your relationship and divorce (optional).

Unfortunately, you can not work in the period between your GC expiring and filing for GC conditions removal (which can only be done once you have your divorce decree).

I am sorry for your situation!

(F)

Separation from the kids may not be hardship enough - there is plenty of stories on the news where people get kicked out of the country leaving their US citizen kids behind.

CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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