lifting the conditions

[boeing747 0]

hello can anybody share their experience regarding my friends status as of the moment?/

i have a friend who came in here with a K1 visa they got married and she had her greencard, the problem is her husband abandoned her last december and totally cut off all their communications, her problem is she needs to apply for an approval to lift the conditions on her greencard...would she be able to apply by herself?(what i knew about this was you need your husband's signature in filing the application) and is there a possibility that she will be deported back in the philippines if ever her husband refuses to sign? what would you advise her to do? they havent filed a divorce yet,...and she needs to apply this may coz its in the requirement that you need to apply 90 days before your greencard will expire...what should she do?

[Okalian 41]

hello can anybody share their experience regarding my friends status as of the moment?

i have a friend who came in here with a K1 visa they got married and she had her greencard, the problem is her husband abandoned her last december and totally cut off all their communications, her problem is she needs to apply for an approval to lift the conditions on her greencard...would she be able to apply by herself?(what i knew about this was you need your husband's signature in filing the application) and is there a possibility that she will be deported back in the philippines if ever her husband refuses to sign? what would you advise her to do? they havent filed a divorce yet,...and she needs to apply this may coz its in the requirement that you need to apply 90 days before your greencard will expire...what should she do?

To answer your question, ofcourse she can remove the conditions without her husband, no need to worry. She can apply for and I-751 with a waiver of the joint filing requirement and there's 4 different categories of the waiver (3 of which can apply to her case, since she obviously isnt a widow) and depending on her circumstances she can pick whichever appropriate category, most likely she needs to apply for the waiver based on bonafide marriage to a USC that ended in divorce. If she has plenty of time till her conditional green card expires, then she can go ahead and file for a divorce, then file for the waiver even if the divorce isn't yet finalized (as long as the divorce takes no more than 90 days to be finalized).

If her husband has been abusive to her, she can apply for a waiver immediately based on abuse/cruelty by USC spouse, provided she has enough evidence for such abuse. Actually, she can apply for any of the waivers at any time before she is removed from the US.

When does her conditional card expire?

Edited January 27, 2010 by Okalian

[Brother Hesekiel 2,236]

In order for her to remove conditions on her own, she needs a divorce decree. In her situation, that's her foremost problem.

[v333k 59]

Does your friend have any evidence to being abandoned?

If yes, then those will be good document to include copies of as part of the evidence.

[Okalian 41]

In order for her to remove conditions on her own, she needs a divorce decree. In her situation, that's her foremost problem.

They changed the rules in in April 2009. According to the new memo, she can apply for a waiver based on divorce without a divorce decree, provided she will have a divorce decree ready by the time they send her an RFE

[Brother Hesekiel 2,236]

They changed the rules in in April 2009. According to the new memo, she can apply for a waiver based on divorce without a divorce decree, provided she will have a divorce decree ready by the time they send her an RFE

That's exactly what I said. She cannot remove conditions without a divorce decree. We can argue all day long at which time to start sending the application and timing the RFE, or discussing what evidence of a bone fide marriage she has, but why? The first thing she needs is a divorce decree, and that's the thing she has to work on, first, foremost, and now. When the time approaches where her GC expires, and she isn't divorced, when can discuss other ways to slaughter the cow. No need to confuse somebody anymore who's totally confused already.