Removing of Conditions

[Machita 1]

Hello Everyone,

Here is my situation and I would really appreciate it if I can get some advice from you guys. My friend referred my to this forum and I hope I find it helpful.

Background:

I am Palestinian (Palestine is not listed in this forum neither at the USCIS website/system). I came here in 2005 for two months then I went back home. In 2006 I came back to the US on F1 and finished my Masters in 2008.

Right after I finished my MA I received an OPT. In the day OPT started, I got married to a US citizen. We got married on August 30th 2008. So we have been married for a little over a year. Since I had my OPT I didn’t file right after I got married. I filed for green card on January 15th 2009. Then went to an interview which took only about 10 minutes and my card was approved. I received the actual card in June 2009.

For the past couple months, our marriage has been going down hill. We have been trying counseling since then it seems it is not working for us. Now we feel we are different and actually stupid. It is so difficult and I don’t think it will work out.

I moved out last week and I was about to file for divorce. My wife asked me to wait. So I waited but I don’t know why, I think I should have filed for divorce. But I know we will have eventually file for divorce.

We have entered marriage for love. Although my dad was a little against it, I decided to get married. She is 30 years old and I am 26.

I know I have to file to remove the conditions on my own if I want to stay- Of course I want to stay in the US.

Here is an example of what I have:

1. Heath Insurance

2. Accidental insurance

3. 401K

4. Two cars insurance

5. Two ownership of cars

6. Joint back account, checking and saving

7. Joint credit card

8. Tax return I filed separately but married.

9. Letters of love to each other

10. Letters from family and friends for birthdays, Christmas, etc///

11. Emails: over 1100 pages between me and her since we got married

12. Records of calls

13. My paychecks and hers

14. Dental insurance

15. Pictures of us and family in holidays and activities: over 3000 (crazy ha? My wife never let go with the camera)

16. Trip planning to Palestine for both of for her to meet my family in August 2009( with pictures and videos with my family)

17. Marriage video

18. Videos of us: more than 12 GB

19. Letters from friends testifying of our marriage

20. Mail that shows our addresses

21. To leases agreements with both of our names on it

22. Comcast bills with both of names on it

23. Netflex with both of name son it

24. Questar gas with both of name son it.

I can’t think of anything else, but I think I have more stuff (please suggest).

My questions are:

• Is this enough evidence to remove the conditions on my own?

• Does it matter to the USCIS that my wife is older than me? (It did matter to my dad)

• Have you know of any I-751 waiver that got denied? Or ended in deportation?

• Should or should my wife file for divorce?

• How long does it take to get approved? Will I be asked for an interview?

• Do I have any other alternatives if my case was denied? What is the worst case scenario?

• If there are people with waivers that got approved, please share your experiences.

I am sorry for the long post. I know that my marriage was real and God/Allah knows that too.

Your answers are greatly appreciated.

[payxibka 10,044]

they will not accept any evidence on electronic media (ie.. video's)... no need to provide them...

[calitoday 0]

That is alot. You dont have to send that much. I just send what they said in letter such as Joint bank account, Tax return, Affidavit letter, car insurance, Ownership of our cars, our living address and health insurance. That are all I sent and got approved in 1 month and 8 days. Dont worry about other things. Just send the main things that they require and then they will approve your application. Good luck!

[Machita 1]

That is alot. You dont have to send that much. I just send what they said in letter such as Joint bank account, Tax return, Affidavit letter, car insurance, Ownership of our cars, our living address and health insurance. That are all I sent and got approved in 1 month and 8 days. Dont worry about other things. Just send the main things that they require and then they will approve your application. Good luck!

was yours a waiver based on good faith? How were you married?

[Magnolia31 0]

Hello Everyone,

Here is my situation and I would really appreciate it if I can get some advice from you guys. My friend referred my to this forum and I hope I find it helpful.

Background:

I am Palestinian (Palestine is not listed in this forum neither at the USCIS website/system). I came here in 2005 for two months then I went back home. In 2006 I came back to the US on F1 and finished my Masters in 2008.

Right after I finished my MA I received an OPT. In the day OPT started, I got married to a US citizen. We got married on August 30th 2008. So we have been married for a little over a year. Since I had my OPT I didn’t file right after I got married. I filed for green card on January 15th 2009. Then went to an interview which took only about 10 minutes and my card was approved. I received the actual card in June 2009.

For the past couple months, our marriage has been going down hill. We have been trying counseling since then it seems it is not working for us. Now we feel we are different and actually stupid. It is so difficult and I don’t think it will work out.

I moved out last week and I was about to file for divorce. My wife asked me to wait. So I waited but I don’t know why, I think I should have filed for divorce. But I know we will have eventually file for divorce.

We have entered marriage for love. Although my dad was a little against it, I decided to get married. She is 30 years old and I am 26.

I know I have to file to remove the conditions on my own if I want to stay- Of course I want to stay in the US.

Here is an example of what I have:

1. Heath Insurance

2. Accidental insurance

3. 401K

4. Two cars insurance

5. Two ownership of cars

6. Joint back account, checking and saving

7. Joint credit card

8. Tax return I filed separately but married.

9. Letters of love to each other

10. Letters from family and friends for birthdays, Christmas, etc///

11. Emails: over 1100 pages between me and her since we got married

12. Records of calls

13. My paychecks and hers

14. Dental insurance

15. Pictures of us and family in holidays and activities: over 3000 (crazy ha? My wife never let go with the camera)

16. Trip planning to Palestine for both of for her to meet my family in August 2009( with pictures and videos with my family)

17. Marriage video

18. Videos of us: more than 12 GB

19. Letters from friends testifying of our marriage

20. Mail that shows our addresses

21. To leases agreements with both of our names on it

22. Comcast bills with both of names on it

23. Netflex with both of name son it

24. Questar gas with both of name son it.

I can’t think of anything else, but I think I have more stuff (please suggest).

My questions are:

• Is this enough evidence to remove the conditions on my own?

• Does it matter to the USCIS that my wife is older than me? (It did matter to my dad)

• Have you know of any I-751 waiver that got denied? Or ended in deportation?

• Should or should my wife file for divorce?

• How long does it take to get approved? Will I be asked for an interview?

• Do I have any other alternatives if my case was denied? What is the worst case scenario?

• If there are people with waivers that got approved, please share your experiences.

I am sorry for the long post. I know that my marriage was real and God/Allah knows that too.

Your answers are greatly appreciated.

I'm confused. You said that you have to remove conditions on your own if you want to stay. Are you talking about divorcing and signing the waiver? If not, then your wife also has to sign the petition to remove conditions. Sorry if I missed it in your post, but I am pregnant with placenta brain and it's causing comprehension problems for me LOL.

Anyhow, I think that you have a lot of good evidence and don't really need anything else. You asked if you or your wife should file for a divorce .... I would say no, unless she is not willing to file your petition for you to remove conditions. I was in a similar situation. My husband and i actually separated for a while and I thought about divorce. He still signed the petition for me though since we have kids together and he did not want my kids to end up without their mother. I think that when you sign the waiver, you have to prove hardship if you leave the country, or domestic violence if you sign the waiver claiming abuse. I heard that it is hard to prove these things.

Anyhow, I just got approved and am getting my GC .... my husband and I have also decided to stay together and work things out. Is there no way that you can work things out? I know you said you don't think so, but I felt the same way too for a while. Then since we got back together, things have been really different and pretty good.

Also, for some of the stuff you asked, no USCIS will not care about the age different. It really isn't that big of a difference anyway. I do know of a person whose waiver got denied and ended up in deportation. However, she showed all of her evidence to the immigration judge and since she proved that she did enter the marriage in good faith, he allowed her to stay. She has a GC now.

[mozplay 28]

Just so you also know, you can file as soon as your divorce is final - you don't need to wait for the 90 days prior to your conditional resident card has expired. And yes, you need to file with a waiver if you are not filing jointly.

Your evidence looks good, too - but I agree that you could be a little bit choosy and not send everything.

Edited November 3, 2009 by mozplay

[candelari 0]

Hey you!

I am also from Muslim world so I understand your pain and fears but this is a different country with different values...

My husband is 6 years younger than me and I was terrified absloutely terrified at the interview for the question "isn't that inappropiriate for you to marry a guy younger than you are?" I didn't have civil ceromany, my family was absolutely against it and telling me "you will fall apart in 10 years because of your age and he will be chasing youngsters, shame on you, if you ever get divorce don't even bother to call us...." Here I am waiting IO to give me a hard time over age differences. Result;

NOTHING absolutely nothing! She was more curious about my status prior to marriage. Since I was legally living in the U.S for 7 years, that's all she had to hear.

1- If you were out of status and needed an immediate fix

2- If you didn't have any documents to prove real marriage

3- If you had some incosnistency in your stoy

then IO will care and take a look. Your age, your look, your backround will not matter much.

As far as I can see you have enough (more than enough so you need to reduce a little bit) evidence that was a good faith marriage. This is a civilaze country, no one will expect you to stay in a marriage if you are not happy...

You can stay married for one more year and apply jointly for removal but I would do the real thing and

- Get divorce

- filde jointly as soon as divorce is finalized

- prove that your marriage was base on good faith and get over...

Seems like your wife will support you through the process. Even if she doesn't you can still get it done.

Good Luck