Removal of Conditions

[kcoyclay1 98]

Hi V-Jer's,

I am writing to get information for a friend of mine who has to remove conditions but is going through a divorce procedure. Her marriage was in good faith but he began to verbally abuse her and her son (his stepson) which caused her to miscarry. Her lawyer told her that she needs to submit another signed affidavit of support and all the documents she originally submitted from the original petition. I do not see anything that indicates that she has to do so. She has police records and proof of the miscarriages (his fetus). Has anyone gone through the process after requesting a waiver? I would like to give her some information.

For all of you who are removing conditions, I wish you favor. I was married to the most wonderful man who sadly passed away from cancer October 13, 2009. Again, all the best and blessings throughout the process.

[Bobby+Umit 161]

Hi V-Jer's,

I am writing to get information for a friend of mine who has to remove conditions but is going through a divorce procedure. Her marriage was in good faith but he began to verbally abuse her and her son (his stepson) which caused her to miscarry. Her lawyer told her that she needs to submit another signed affidavit of support and all the documents she originally submitted from the original petition. I do not see anything that indicates that she has to do so. She has police records and proof of the miscarriages (his fetus). Has anyone gone through the process after requesting a waiver? I would like to give her some information.

For all of you who are removing conditions, I wish you favor. I was married to the most wonderful man who sadly passed away from cancer October 13, 2009. Again, all the best and blessings throughout the process.

She has two options, based on the Waiver of the requirement to file a joint petition:

How to Get a Waiver of the Requirement to File a Joint Petition

If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

You may request a waiver of the joint petitioning requirements if:

Your deportation or removal would result in extreme hardship

You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition

You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition

If You Are In Divorce Proceedings But Are Not Yet Divorced

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).

You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

Upon receipt of the final divorce decree or annulment within the specified time period, we will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.

I do not see any requirement for another affidavit of support - in fact, she would still be covered under her husbands original affidavit - being divorced does not remove it.

[sus 70]

Oh my, Karen - I don't have the answer to your question - but your post has tears in my eyes. I am so sorry to hear about Stanley.

Sending big hugs your way (F)

[TracyTN 237]

I agree with Bobby+Umit - no new affidavit of support is required. I'd be suspicious of an attorney who suggests such (obviously they don't know much about removing conditions with waivers...!).

Sorry to hear about your loss.

[phillyfashionista 8]

kcoyclay1

I am so sorry to hear of your loss, this is truly a tragedy you are in my prayers Sistah

[Krikit 1,163]

Oh, how sad. I am so sorry to hear of your husband's passing, kcoyklay1.

Moving your thread from the Removing Conditions forum to Effects of Major Changes.

[Kiv 32]

Hi V-Jer's,

I am writing to get information for a friend of mine who has to remove conditions but is going through a divorce procedure. Her marriage was in good faith but he began to verbally abuse her and her son (his stepson) which caused her to miscarry. Her lawyer told her that she needs to submit another signed affidavit of support and all the documents she originally submitted from the original petition. I do not see anything that indicates that she has to do so. She has police records and proof of the miscarriages (his fetus). Has anyone gone through the process after requesting a waiver? I would like to give her some information.

For all of you who are removing conditions, I wish you favor. I was married to the most wonderful man who sadly passed away from cancer October 13, 2009. Again, all the best and blessings throughout the process.

Your friend may find some information in the VAWA treads around here, they can help her to flie by herself.

I am very sorry to hear about your loss. I hope you find the strenght you need in your family and friends.

*sends a big hug*

[MRStee 19]

My prayers go out to both of you.

[jawi876 2]

Oh my, Karen - I don't have the answer to your question - but your post has tears in my eyes. I am so sorry to hear about Stanley.

Sending big hugs your way (F)

Same here Karen! Your love story always brought a smile and tears of joy to my face. You have an amazing spirit and strength. Now, I'm crying tears of sorrow. My prayers are that Stanley now rests with our Heavenly Father.