Jump to content
Sign in to follow this  
irakro97

Removal of condition on permanent residency

11 posts in this topic

Recommended Posts

Filed: Country: United Kingdom
Timeline

Hi to All,

can anyone help ?

I am not sure if my situation seems similar to some of the comments here with complicated issues but lets briefly explain

I arrived in the US on K-1 visa then obtained my Green card and SSN.

i believe I am on conditional permanent residency here, my first question is do i have to wait until the last 3 months of my green card expiration date to apply for the condition to be removed ?

Also the situation gets weird as my field of work is semiconductor and i can't find a job in that field in the state where you are now and my wife does not want to talk about my work suggesting that I give up on my career and work for Starbucks (coffee shop)- she argues with me all the time...

I feel trapped - being forced to give up a career I love - thinking about the downside of such decision, hunt me at night

being trapped into this conditional green card is sad ... well too much

Anyone has an idea on what i can do legally ? i cant afford a lawyer as I am not working and she does not give me any money...

Thanks

Share this post


Link to post
Share on other sites

First, read the handy guide about removing conditions. The earliest you can send it in is 90 days prior to the expiry date of your 2 year GC.

http://www.visajourney.com/content/751guide

I'm not sure I'm following the second part of your post. What do you mean you're 'trapped into this conditional green card'? And what legal advice do you want - to help you file for divorce? Legal aid society may be able to help you - google it in your area.


SA4userbar.jpg

Share this post


Link to post
Share on other sites

Yes, you can file for removal of conditions during the 90 days prior to the expiration date on your greencard. NOT earlier!

As far as your job situation goes: I am sorry that you can't find work. I am sure you are aware of the fact that many, many people have to give up on finding a job in their desired careerfield, at least for now.

Hopefully better times are ahead for you and I tell you what- for many, a job at Starbucks is a whole lot better than having no job at all.

Removal of conditions is not such a terrible thing, as you will recieve a 1 year extension letter that will allow you to stay and work in the US until a decision is made and you -hopefully- recieve your permanent (10 year) resident card.

I too am a little confused about your last statements about you feeling trapped and it being "sad". You won't need a lawyer for ROC unless there are circumstances you haven't mentioned in your post.

For everything else (divorce?) I suggest going to maybe the courthouse and ask what is required in your state to file for divorce and if you and your wife agree on the terms, you can just file the paperwork yourself.

But yeah, I am a little unsure what you'd want a lawyer for...


Nadine & Kenneth

Our K-1 journey

02/06/2006 filed 129F

07/01/2007 recieved visa via "Deutsche Post"

08/27/2006 POE Dallas

->view my complete timeline

AOS, EAD and AP

12/6/2006 filed for AOS & EAD

1/05/2007 AOS transfered to California Service Center

2/26/2007 EAD recieved!

7/20/2007 filed for AP

8/20/2007 AP recieved

01/16/2008 letter to Congressman

03/20/2008 card production ordered---no interview!!!

03/24/2008 Welcome letter arrived

03/27/2008 my GREENCARD arrived!!!!!!!!!! YAY!!! No more USCIS for about two years!:-))

Removal of Conditions

02/02/2010 filed I-751

02/19/2010 check cashed

02/22/2010 NOA1

05/15/2010 touched

06/10/2010 online update:card production ordered

06/17/2010 approval letter in mail

07/01/20010 Greencard arrived

m_6d36288420d5938301b3093f21f99d98.gif

Share this post


Link to post
Share on other sites
Filed: Country: United Kingdom
Timeline

Yes, you can file for removal of conditions during the 90 days prior to the expiration date on your greencard. NOT earlier!

As far as your job situation goes: I am sorry that you can't find work. I am sure you are aware of the fact that many, many people have to give up on finding a job in their desired careerfield, at least for now.

Hopefully better times are ahead for you and I tell you what- for many, a job at Starbucks is a whole lot better than having no job at all.

Removal of conditions is not such a terrible thing, as you will recieve a 1 year extension letter that will allow you to stay and work in the US until a decision is made and you -hopefully- recieve your permanent (10 year) resident card.

I too am a little confused about your last statements about you feeling trapped and it being "sad". You won't need a lawyer for ROC unless there are circumstances you haven't mentioned in your post.

For everything else (divorce?) I suggest going to maybe the courthouse and ask what is required in your state to file for divorce and if you and your wife agree on the terms, you can just file the paperwork yourself.

But yeah, I am a little unsure what you'd want a lawyer for...

Thanks Guys

It is not that I can't find a job in my field of work as I am being called a the time for interviews but my wife is the problem. she is threatening that if I take a job in a different state she will divorce and eventually do everything not to collaborate when the time comes to remove the condition on my residency

i feel trapped because me moving in the US it never crossed my mind that I will be giving on my career.

my worries are the consequences down the line of this decision

Thanks

First, read the handy guide about removing conditions. The earliest you can send it in is 90 days prior to the expiry date of your 2 year GC.

http://www.visajourney.com/content/751guide

I'm not sure I'm following the second part of your post. What do you mean you're 'trapped into this conditional green card'? And what legal advice do you want - to help you file for divorce? Legal aid society may be able to help you - google it in your area.

Thanks

It is not that I can't find a job in my field of work as I am being called a the time for interviews but my wife is the problem. she is threatening that if I take a job in a different state she will divorce and eventually do everything not to collaborate when the time comes to remove the condition on my residency

i feel trapped because me moving in the US it never crossed my mind that I will be giving on my career.

my worries are the consequences down the line of this decision

Thanks

Share this post


Link to post
Share on other sites

To be honest, I am not sure how I would react if my husband told me he'd move to a different place and leave me behind. I guess I wouldn't threaten divorce right off the bat, but I sure wouldn't be happy about it either.

I guess you'll have to decide between your marriage and your job. And again...don't you think it's possible you will get a joboffer in YOUR State at some point and working something else would only be temporary?

It seems like your actual problem has not much to do with romoval of conditions but rather if you and your wife can find a compromise with your jobsituation and I am not sure if you want peoples opinion on that.

IF you decide to split from your wife though, you'd have the chance to file for ROC with a waiver after divorce. So, you still have options.

All the best!


Nadine & Kenneth

Our K-1 journey

02/06/2006 filed 129F

07/01/2007 recieved visa via "Deutsche Post"

08/27/2006 POE Dallas

->view my complete timeline

AOS, EAD and AP

12/6/2006 filed for AOS & EAD

1/05/2007 AOS transfered to California Service Center

2/26/2007 EAD recieved!

7/20/2007 filed for AP

8/20/2007 AP recieved

01/16/2008 letter to Congressman

03/20/2008 card production ordered---no interview!!!

03/24/2008 Welcome letter arrived

03/27/2008 my GREENCARD arrived!!!!!!!!!! YAY!!! No more USCIS for about two years!:-))

Removal of Conditions

02/02/2010 filed I-751

02/19/2010 check cashed

02/22/2010 NOA1

05/15/2010 touched

06/10/2010 online update:card production ordered

06/17/2010 approval letter in mail

07/01/20010 Greencard arrived

m_6d36288420d5938301b3093f21f99d98.gif

Share this post


Link to post
Share on other sites
Filed: Country: United Kingdom
Timeline

To be honest, I am not sure how I would react if my husband told me he'd move to a different place and leave me behind. I guess I wouldn't threaten divorce right off the bat, but I sure wouldn't be happy about it either.

I guess you'll have to decide between your marriage and your job. And again...don't you think it's possible you will get a joboffer in YOUR State at some point and working something else would only be temporary?

It seems like your actual problem has not much to do with romoval of conditions but rather if you and your wife can find a compromise with your jobsituation and I am not sure if you want peoples opinion on that.

IF you decide to split from your wife though, you'd have the chance to file for ROC with a waiver after divorce. So, you still have options.

All the best!

I understand your point of view before i moved to the US i did mention to my wife that it will be pretty much impossible for me to find a job in my field in the state where she is , her answer was that we could always find a solution ... hence the huge change in her attitude since I have moved here has been shocking I could barely recognize her , she has become controlling , wanting to decide for my life not open to any sort of discussion, she does not treat me as equal in the marriage - as she og=ften mentions that the law here will always be in a favor

I guess thinking about all that down the line giving up on my career appear to me as a mistake that i could regret (no saving, no asset...) - no insurance that , I am not the one wanting to divorce - am just trying to preserve a little bit of safe option

I read about the ROC after divorce but how reliable is that ?

I guess at this stage I would accept any advise on my situation

By the way I have offered that we move together where we can both be working and happy, she is refusing

Thanks

Edited by irakro97

Share this post


Link to post
Share on other sites

Ok, got it. WOW, you are kinda stuck between a rock and a hard place, huh? I am really sorry and I don't really have any advice for you other that I believe that you have to do that makes you happy.

Of course, in a marriage you have to compromise on certain things but if it's only one person that has to bend himself all the time, it's not healthy.

As far as the ROC goes, I am no expert but from what I understand, it basically works like a jointly filed application. It's basically all about proofing that you entered the marriage in good faith.

I think over all, there are good chances to remove conditions successfully with the waiver if you have all your paperwork together, have a divorce decree in hand (and submitted, though I heard of cases where you file without, get a RFE and then submit it later).

I hope there are some people with more knowledge about this to correct/add to my ramblings..lol

Best wishes!


Nadine & Kenneth

Our K-1 journey

02/06/2006 filed 129F

07/01/2007 recieved visa via "Deutsche Post"

08/27/2006 POE Dallas

->view my complete timeline

AOS, EAD and AP

12/6/2006 filed for AOS & EAD

1/05/2007 AOS transfered to California Service Center

2/26/2007 EAD recieved!

7/20/2007 filed for AP

8/20/2007 AP recieved

01/16/2008 letter to Congressman

03/20/2008 card production ordered---no interview!!!

03/24/2008 Welcome letter arrived

03/27/2008 my GREENCARD arrived!!!!!!!!!! YAY!!! No more USCIS for about two years!:-))

Removal of Conditions

02/02/2010 filed I-751

02/19/2010 check cashed

02/22/2010 NOA1

05/15/2010 touched

06/10/2010 online update:card production ordered

06/17/2010 approval letter in mail

07/01/20010 Greencard arrived

m_6d36288420d5938301b3093f21f99d98.gif

Share this post


Link to post
Share on other sites
Filed: Other Timeline

Prima facie you don't have an immigration-related problem. What you have is a marriage-related problem.

It's fair to say that most people know each other very well before getting married. The next step beyond knowing your spouse is the ability to communicate with her.

People approach things differently, and there's no right or wrong, no good or bad. Approaching things from a personal perspective is just that: a personal thing.

For example, I live where I live because I want to live where I live. If you offered me a job that pays $1 Million per year but I had to move to North Dakota or Wyoming for it, I wouldn't take it. So WHERE I am, is more important than anything else.

Thus, if my wife told me she got a job offer somewhere where I absolutely wouldn't want to live, we would have a problem, a personal problem, a relationship problem.

Luckily, we spoke about these things before getting married, so this is a non-issue for us as a married couple.

But there are other couples who follow the call of a job (best examples: military personal) without hesitation. For those couples it doesn't mean much where they live, as long as they are together and make a good living. That's fine approach as well.

Your problem derives from the problem that you are from group 2, whereas your wife is from group 1. Somehow, this serious issue got lost in translation. Now either one of you will "give in" which implies doing something they really don't want to do, or you will split eventually.

Again, the key and first and foremost approach is communication. Talk to your wife. Talk about your vision in great detail, and let her tell you what she hopes to get out of life.

Now let's view this from an immigrant's perspective. Ideally you and your wife file jointly for ROC. You can do this not earlier than 90 days from the day your GC expires. You both have to sign the I-751 and it's necessary that you still live together in a way that "normal" people would associate with a married couple.

If you separate, you can still file the ROC alone, but in order to get it approved, you need to be divorced, like totally. In such a case timing is of the essence, meaning you file as late as possible in order to buy time. You send everything, and if your divorce is not final, you'll receive a RFE for the missing divorce decree.

But you are not there yet. So before we go into the details and strategic steps of filing for ROC with a waiver, talk to your wife and find out if you will be able to work through this. If not, and that's the only strategic tip I will throw in at this time, try to play along until you have your 10-year GC.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Share this post


Link to post
Share on other sites

But there are other couples who follow the call of a job (best examples: military personal) without hesitation. For those couples it doesn't mean much where they live, as long as they are together and make a good living. That's fine approach as well.

Sorry this is so off topic, but this statement just made me laugh! Yeah, we go "where the military sends us" but often enough with lots of hesitation, debates and fits. But we go anyway. LOL

The important point though: We go together and we make a home anywhere. Yepp, as long as we are together.

Still made me laugh! (I guess if your options are either Louisana or North Dakota, I am allowed some sarcasm?

Sorry again to go off topic.

Off-Topic2.gif


Nadine & Kenneth

Our K-1 journey

02/06/2006 filed 129F

07/01/2007 recieved visa via "Deutsche Post"

08/27/2006 POE Dallas

->view my complete timeline

AOS, EAD and AP

12/6/2006 filed for AOS & EAD

1/05/2007 AOS transfered to California Service Center

2/26/2007 EAD recieved!

7/20/2007 filed for AP

8/20/2007 AP recieved

01/16/2008 letter to Congressman

03/20/2008 card production ordered---no interview!!!

03/24/2008 Welcome letter arrived

03/27/2008 my GREENCARD arrived!!!!!!!!!! YAY!!! No more USCIS for about two years!:-))

Removal of Conditions

02/02/2010 filed I-751

02/19/2010 check cashed

02/22/2010 NOA1

05/15/2010 touched

06/10/2010 online update:card production ordered

06/17/2010 approval letter in mail

07/01/20010 Greencard arrived

m_6d36288420d5938301b3093f21f99d98.gif

Share this post


Link to post
Share on other sites
Filed: Country: United Kingdom
Timeline

Sorry this is so off topic, but this statement just made me laugh! Yeah, we go "where the military sends us" but often enough with lots of hesitation, debates and fits. But we go anyway. LOL

The important point though: We go together and we make a home anywhere. Yepp, as long as we are together.

Still made me laugh! (I guess if your options are either Louisana or North Dakota, I am allowed some sarcasm?

Sorry again to go off topic.

Off-Topic2.gif

Thanks Guys!

These are extremely constructive inputs, really appreciate your time taken to reply

In case my wife decide to go for the divorce, does anyone know what kind of documents and proof (evidence to prove that i entered the marriage in good faith) I need to make my ROC application successful ?

JustBob you said in your comment : "In such a case timing is of the essence, meaning you file as late as possible in order to buy time" what do you mean by that ? what's RFE ?

thanks

Share this post


Link to post
Share on other sites
Filed: Country: United Kingdom
Timeline

Thanks Guys!

These are extremely constructive inputs, really appreciate your time taken to reply

In case my wife decide to go for the divorce, does anyone know what kind of documents and proof, I need to apply ROC application ?

JustBob you said in your comment : "In such a case timing is of the essence, meaning you file as late as possible in order to buy time" what do you mean by that ? what's RFE ?

thanks

thanks

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...