my case sucks , need help

[vjmember 0]

i am a permanent resident with conditions ,married to an American and have a child with her, my expiration date of my green card is at the end of this month ( January 2010 )and i still didn't apply yet to remove the conditions .Yesterday ,we got into an argument and she said to me :" get the #### out of my house " ,so i have a couple of questions and hope i will get some answers :

- Would they deport me back to my country even if my son is an American ?

- can i apply for waiver because i have a child with her and we will be separated any second .

- If so , would it be better to do it before the expiration date or after .

- i don't really know what to do , so if you guys have any ideas to help me out ,i will be very grateful .

Thank you in advance .

[Otto 83]

- Would they deport me back to my country even if my son is an American ?

Yes - it is possible - having a child doesn't warrant remaining in the US without legal status.

- can i apply for waiver because i have a child with her and we will be separated any second .

- If so , would it be better to do it before the expiration date or after .

- i don't really know what to do , so if you guys have any ideas to help me out ,i will be very grateful .

File the I-751 - do not let the expiration date pass - filing the I-751 will at least get your PR/Green Card status extended.

[Kathryn41 3,207]

I'm sorry you are having problems. The expiration of your green card is the final date by which you can apply to remove conditions - you can't apply later unless you can provide a very good explanation/reason AND USCIS agrees to accept it. Even with that there is only a few weeks 'grace' period. So, you need to file the I-751 to keep your status in the US legal.

Being the parent of an American citizen offers no immigration protection either. If your status expires in the US, even if you have American citizen children, you are expected either to leave the country voluntarily or be deported if you don't leave voluntarily. You need to file for the removal of conditions to keep your status valid in the US. If the marriage breaks down you can file for divorce, and if you can get the divorce completed quickly, pull the filed Removal of Conditions document and re-submit the I-751 with the waiver. Your first order of business is to keep your status in the US legal by filing the I-751. The second order of business is to sort out the situation of your marriage - either counseling and seeing if it can be saved, or ending it officially. Your status in the US is going to be dependent upon the status of your marriage eventually but filing now will buy you time to address the marriage issue.

Good luck.

[Brother Hesekiel 2,236]

. . . and keep in mind to file JOINTLY, meaning you and your wife have to sign the I-751 form.

[Caroline and Phil 14]

i am a permanent resident with conditions ,married to an American and have a child with her, my expiration date of my green card is at the end of this month ( January 2010 )and i still didn't apply yet to remove the conditions .Yesterday ,we got into an argument and she said to me :" get the #### out of my house " ,so i have a couple of questions and hope i will get some answers :

- Would they deport me back to my country even if my son is an American ?

- can i apply for waiver because i have a child with her and we will be separated any second .

- If so , would it be better to do it before the expiration date or after .

- i don't really know what to do , so if you guys have any ideas to help me out ,i will be very grateful .

Thank you in advance .

Whatever you are gonna do, don't let your conditional residence expire.

[rika60607 215]

The OP can file by himself with a waiver, if he is separated.

. . . and keep in mind to file JOINTLY, meaning you and your wife have to sign the I-751 form.

To the OP - sadly, you now have to decide if your marriage is viable or not. What your wife said on anger, may not mean anything. I suggest you look up the divorce rules so you know your options and discuss with your wife what she wants at this point. If it is divorce, then you can get separated, file a 751 with a waiver and get a divorce. If that's the route you take, make sure you collect the evidence you will need for I751 (joint leases, mortgage, utility bills, letters in both of your names, photos together, tickets from trips taken together etc). If you have good evidence of good faith marriage, you should be approved for ROC.

[Leyah&Rustee 0]

i am a permanent resident with conditions ,married to an American and have a child with her, my expiration date of my green card is at the end of this month ( January 2010 )and i still didn't apply yet to remove the conditions .Yesterday ,we got into an argument and she said to me :" get the #### out of my house " ,so i have a couple of questions and hope i will get some answers :

- Would they deport me back to my country even if my son is an American ?

- can i apply for waiver because i have a child with her and we will be separated any second .

- If so , would it be better to do it before the expiration date or after .

- i don't really know what to do , so if you guys have any ideas to help me out ,i will be very grateful .

Thank you in advance .,

Try to get back with her....

then get her to sign the change of resident condition soon, if she says forget it... I want a divorce... then get a lawyer.. thats what my friend did, the lawyer can fight for your case, since you were in good terms when they you married, maybe there still hope.

good luck

[BRB 6]

Here is what the US gov says about it.

A form I-751 must be filed during the 90 day period immediately before the alien’s second anniversary as a conditional permanent resident.

The alien may request a waiver of the joint filing requirement if unable to file with the spouse. The alien may request the consideration of more than one waiver at a time. Please read the instructions accompanying the form I-751 for information on the waiver of the joint filing requirement.

[BRB 6]

Here is what the US gov says about it.

A form I-751 must be filed during the 90 day period immediately before the alien’s second anniversary as a conditional permanent resident.

The alien may request a waiver of the joint filing requirement if unable to file with the spouse. The alien may request the consideration of more than one waiver at a time. Please read the instructions accompanying the form I-751 for information on the waiver of the joint filing requirement.

Here is link to the I-751 instructions and good luck!! Oh by the way I think it is your house too!!!

http://www.uscis.gov/files/form/i-751instr.pdf

[Rafik 0]

hello to VJMEMBER

i'm new here and i'm finding some poeple to help me lot,coz me and my fiance cant beleive that happened for us about the fiance visa so,

1)case's fiance visa was sending to the USCIS on 29 april 2009.

2)USCIS sent our case to the Ambassy in Algeria on 01 september 2009.

3)my first interview was on 20 october 2009 to give them all the rest of my case "a health examination+photos of us+i payed 131$+my interview was long about our relation ,she said like i'm using my fiance just to get my visa she upset me lot i didn't wait to hear that she hurt me lot+many questions about us......then she gave me my passeport ,they tell me i have to wait til they continue the investigation about us i cant understand.

question:i just want know if this is normal and how long take to approve my visa?

thanks

[Yurika & Jim 77]

hello to VJMEMBER

i'm new here and i'm finding some poeple to help me lot,coz me and my fiance cant beleive that happened for us about the fiance visa so,

1)case's fiance visa was sending to the USCIS on 29 april 2009.

2)USCIS sent our case to the Ambassy in Algeria on 01 september 2009.

3)my first interview was on 20 october 2009 to give them all the rest of my case "a health examination+photos of us+i payed 131$+my interview was long about our relation ,she said like i'm using my fiance just to get my visa she upset me lot i didn't wait to hear that she hurt me lot+many questions about us......then she gave me my passeport ,they tell me i have to wait til they continue the investigation about us i cant understand.

question:i just want know if this is normal and how long take to approve my visa?

thanks

Hi alain,

Sorry about your situation and you feel "my case sucks, need help" too.

But you posted on wrong forum. You are in K-1 process, right?

[Peter&Alyona 0]

i am a permanent resident with conditions ,married to an American and have a child with her, my expiration date of my green card is at the end of this month ( January 2010 )and i still didn't apply yet to remove the conditions .Yesterday ,we got into an argument and she said to me :" get the #### out of my house " ,so i have a couple of questions and hope i will get some answers :

- Would they deport me back to my country even if my son is an American ?

- can i apply for waiver because i have a child with her and we will be separated any second .

- If so , would it be better to do it before the expiration date or after .

- i don't really know what to do , so if you guys have any ideas to help me out ,i will be very grateful .

Thank you in advance .

Consult an immigration attorney! This is serious. People on this forum may have good intentions but you need legal advise!

[mehra 0]

Your case is all depends on if you entered your marriage in good faith or not.If you did then you can prove this and you shouldn't be worry even if your wife doesn't want to co-operate.You will be interviewed and an officer will make a fair decision based on your evidences.So my suggestions are:

1- Try to calm the situation in order to a) Save your married life specially when you have a kid b) Get the signature you need when ur wife is in a better mood.

2- Find a good immigration lawyer in your area to consult with about your situation and have your plan B ready if things doesn't work.

3- Prepare to file your I-751 (jointly or separately) before your term ends. Meanwhile gather as much document as you can (Photos,financial documents and...) to prove the authenticity of your marriage.You need these documents anyway even if you wants to file jointly.

4- If worse come to worse talk to your wife about finalizing your divorce so you can add your divorce decree to your documents.In this case you may need some advices from a divorce lawyer too. There is a new addendum which gives you additional 80-90 days to finalize your divorce and add divorce decree to your application.You get this as an RFE after they are reviewing your file initially.

Good luck