I-175 (removal on conditions)

[cherry469 1]

My husband and i have been married since november 2006,today we are sepated and i finally moved out of the apt we shared because i was dying mentally. we have had alot of issues that we haven;t been able to solve and the trust has dropped to zero,the love disappeared, around the end of last year each day was filled with sadness, i could speak for for myself my head was heavy on my shoulder all the time,felt unhappy,un loved,uncomfortanble,unsafe,worried ,worried as the marriage didn;t seem to mean much anymore,my husband lived a single life even when legaly married to me, i believe he cheated on me though he strongly denies but according to what i have seen there's no denying ,it happened. I reached a point where i had to accept the fact that it was over and he didn;t want me anymore so i decided to move on,he knew i was moving out of the apartment, i told him about it......he had several times asked me to leave when i questioned him about the women he was talking to or creeping with..........one sad thing is the thing he was most concerned about when i was leaving was the KEY....he asked me to Leave the key behind even when i still had my things in the apartment, to keep peace i gave him his keys.....so now i can hardly access my own marital home....took my cellphone from me...........Generally i feel he broke my heart,and told too many lies

The biggest question is. I believe many of us out there have gone through such situations with our loved ones---those that we head over hills fell in love with only for it to turn into a nightmare it's Sad! ,Now that am separated living away from him,can i file separately to remove conditions from green card which is due this Nov 09 without filing for divorce or i have to file for divorce as soon as i can. Divorce yes is not the best altrnative but for my paperworker to be processed i may need it since we dont live together anymore,Also considering the fact that he's still as sturborn as before and even worse since i moved out.

Another question: Considering our situation married to a US citizen through marriage is he liable to paying spousal support as i don't make much....i live in new york and would appreciate some insight on this matter.

Lastly, we don;t have any bank accounts jointly because His financial situations wasn;t the greatest and shared less with me in regards to monetary issues which also caused friction in our marriage, he never wanted to share anything with me.........he prefered us having separate accounts, however, i do have a few documents like tax returns,insurance cards, and beneficially forms,pictures, a few purchase made jointly,a car in both our names,a utility bill in our names(home phone) that;s about it. would that be good enough to show our marriage was entered in "GOOD FAITH"?

thank you.

hope to hear from you.

[happywifeymom 4]

My husband and i have been married since november 2006,today we are sepated and i finally moved out of the apt we shared because i was dying mentally. we have had alot of issues that we haven;t been able to solve and the trust has dropped to zero,the love disappeared, around the end of last year each day was filled with sadness, i could speak for for myself my head was heavy on my shoulder all the time,felt unhappy,un loved,uncomfortanble,unsafe,worried ,worried as the marriage didn;t seem to mean much anymore,my husband lived a single life even when legaly married to me, i believe he cheated on me though he strongly denies but according to what i have seen there's no denying ,it happened. I reached a point where i had to accept the fact that it was over and he didn;t want me anymore so i decided to move on,he knew i was moving out of the apartment, i told him about it......he had several times asked me to leave when i questioned him about the women he was talking to or creeping with..........one sad thing is the thing he was most concerned about when i was leaving was the KEY....he asked me to Leave the key behind even when i still had my things in the apartment, to keep peace i gave him his keys.....so now i can hardly access my own marital home....took my cellphone from me...........Generally i feel he broke my heart,and told too many lies

The biggest question is. I believe many of us out there have gone through such situations with our loved ones---those that we head over hills fell in love with only for it to turn into a nightmare it's Sad! ,Now that am separated living away from him,can i file separately to remove conditions from green card which is due this Nov 09 without filing for divorce or i have to file for divorce as soon as i can. Divorce yes is not the best altrnative but for my paperworker to be processed i may need it since we dont live together anymore,Also considering the fact that he's still as sturborn as before and even worse since i moved out.

Another question: Considering our situation married to a US citizen through marriage is he liable to paying spousal support as i don't make much....i live in new york and would appreciate some insight on this matter.

Lastly, we don;t have any bank accounts jointly because His financial situations wasn;t the greatest and shared less with me in regards to monetary issues which also caused friction in our marriage, he never wanted to share anything with me.........he prefered us having separate accounts, however, i do have a few documents like tax returns,insurance cards, and beneficially forms,pictures, a few purchase made jointly,a car in both our names,a utility bill in our names(home phone) that;s about it. would that be good enough to show our marriage was entered in "GOOD FAITH"?

thank you.

hope to hear from you.

Yes you can file separately provided you can prove that the marriage was entered in good faith. I do hope your husband will cooperate with the documents you will be needing. Good luck.

[NArocks 13]

Also if someone can move this think it should go into effects of major change.effects of major change

Yes you can file however I think you need to be divorced. Have the divroce papers been filed?

Cherry read this post here also my dear seperated

Edited July 5, 2009 by NArocks

[Krikit 1,163]

Moving from NVC to Major Changes forum. Thanks NArocks.

[cherry469 1]

Hullo, NArocks, thanks for your kinda reply, No. the divorce papers haven't been filed yet.i spoke to an immigration lawyer who said there's no need to file for divorce yet as it is a personal choice between my husband and i.Also do i really need an immigration lawyer to file this paperworker, if doing by myself is fine it would save me a whole lot of money.

[Ana Paula 2]

For what i have seen here you have to have the divorce decree to apply on your own, but you can apply on your own.

Now, in order to support your marriage in good faith, it would be good to have some affidavits from people that have known you both since before the marriage. Do you think anyone from his family or friends could write these affidavits??

I wish you the best of luck, and now its time to live your life with happiness.

God bless you

Hullo, NArocks, thanks for your kinda reply, No. the divorce papers haven't been filed yet.i spoke to an immigration lawyer who said there's no need to file for divorce yet as it is a personal choice between my husband and i.Also do i really need an immigration lawyer to file this paperworker, if doing by myself is fine it would save me a whole lot of money.

[JimVaPhuong 4,863]

Hullo, NArocks, thanks for your kinda reply, No. the divorce papers haven't been filed yet.i spoke to an immigration lawyer who said there's no need to file for divorce yet as it is a personal choice between my husband and i.Also do i really need an immigration lawyer to file this paperworker, if doing by myself is fine it would save me a whole lot of money.

I hope the immigration lawyer you spoke to explained the options for filing to remove conditions on your own. If your husband will not cooperate and file jointly to remove conditions, then there are four options for filing on your own:

Death: Your spouse has died. You'll need to prove you entered the marriage in good faith. You'll also need the death certificate.

Your husband isn't dead, so you can't use this option.

Divorced: The divorce must be final. You can't use this option if you are merely separated, or if the divorce is still pending. You'll need to prove you entered the marriage in good faith. You'll also need a copy of the divorce certificate.

You can't use this option until the divorce is final, which may not happen until after your conditional green card expires. You CAN file late, after the divorce is final, but USCIS may begin removal proceedings against you in the meantime. You can ask the immigration judge for a continuance of the removal proceedings until your divorce is final. They will usually grant this.

Abused Spouse: You must have evidence to support the claim of abuse. This can include police reports, medical reports, psychological or psychiatric examinations, etc. You'll need to prove you entered the marriage in good faith.

If you don't already have evidence of abuse, it's not very likely you're going to be able to get evidence now that your separated.

Extreme Hardship: You must provide evidence of factors that arose after you became a conditional resident that would result in deportation causing significantly more hardship for you than it would for other aliens in similar circumstances. For example, if you've acquired a disease that can't easily be treated in your home country, or if your home country has experienced a significant decline in political stability or safety. This is basically a humanitarian plea, so you don't need to prove you entered the marriage in good faith. Waivers on the basis of hardship are also not granted very often.

Charles Wheeler has written a good article on the subject of removing conditions when the marriage is on the rocks:

http://www.ilw.com/articles/2005,0621-wheeler.shtm

You should consult with a divorce lawyer about getting support. I don't know what the law is in New York, but in California the courts rarely order alimony in case of marriages that lasted less than five years. You might be able to get an order of support based on the I-864 affidavit your husband signed when you got your conditional green card.

[HappyNathy 0]

Good link, thanks JimVaPhuong