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[wmhurd 0]

I have a friend that is married but her husband asks her for a divorce before she is to get her conditions removed from her adjustment of status, she has been here for 2 1/2 year what does she need to file to state that she has been in good faith in the marriage and would like to stay here despite the divorce?

[Deputy Purple 1,294]

Your question is a bit confusing...

How did she enter; K-1, K-3, CR-1?

If entry was on a K Visa, did she Adjust Status (does she have a 2 year greencard)?

If she has her 2 year greencard, when does it expire?

If she needs to Remove Conditions (replace 2 year greencard with 10 yer greencard) then this will help:

Evidence of Your Bona fide Marital Relationship

A crucial part of filing this form is that you present evidence of your bona fide marital relationship, as your removal of conditions is based upon your marriage. There are a variety of documentations that you may submit. While the USCIS instructions for the I-751 say that evidence should cover the entire period from your marriage up to the present date, there is no need to repeat evidence that you already submitted to them earlier. Many couples submit no evidence whatsoever covering the period before their first interview. In any case, it's helpful to concentrate on the evidence that has developed since they last interviewed you.

You do not have to have all of the types listed below as proof of the relationship; supply as many as you like. If you are short on the documents that have both of your names listed on them you MAY include affidavits from people who know you as a couple, confirming your marital relationship -- note that they are not required. If you have very little documentary evidence, you may find affidavits helpful. Additionally, you will need to submit a copy of the green card of the person who is applying for removal of conditions. IF you have K-2 children who will also be filing for removal of conditions at the same time, you may include them and use only one form and only one fee for the form.

On the "don't panic" front -- ultimately the burden of proof is on the CIS to show a fraudulent marriage. Even if CIS denies, the application can be renewed in front of an Immigration Judge (IJ) in Removal Proceedings -- and the IJ's tend to APPROVE those cases.

ONLY SEND COPIES of evidence. The copies should be clear and all marks pertaining to filings, registration and/or government issuance should be clearly shown.

More info can be found here