lifting condition and divorce

[sasa 0]

i was married in november 2006 and i got my conditional green card october 2008..i should file for the permenat green card on augest 2010.

but actually my wife insisting in divorce now.and i don t know what my chance if we got divorce before filing..

plz help

[HandA 2]

i was married in november 2006 and i got my conditional green card october 2008..i should file for the permenat green card on augest 2010.

but actually my wife insisting in divorce now.and i don t know what my chance if we got divorce before filing..

plz help

I am sorry to read about your divorce, but if you can't convince her to stay put at least until August 2010 for your Permanent Green Card filing, then I think you should consider seeking a professional advice from a family lawyer . It is my suggestion but lots of luck to you...

HandA

[Okalian 41]

You can still remove conditions without your wife. Look at the I-751 form, option D. Just make sure you include evidence that your marriage was real.

[sasa 0]

You can still remove conditions without your wife. Look at the I-751 form, option D. Just make sure you include evidence that your marriage was real.

so u mean i still have chance even if i m filing seprately??

[Tom_Jim 40]

I'm filing a waiver based on divorce as did many others. As a matter of fact, Oban just got approved on a waiver without interview. His evidence was extensive. Personally, if you cannot reconcile your marriage, file the divorce as soon as you can. As soon as you have your divorce finalised, you can file for ROC without waiting until your 90-day window. Best of luck to you.

[sasa 0]

I'm filing a waiver based on divorce as did many others. As a matter of fact, Oban just got approved on a waiver without interview. His evidence was extensive. Personally, if you cannot reconcile your marriage, file the divorce as soon as you can. As soon as you have your divorce finalised, you can file for ROC without waiting until your 90-day window. Best of luck to you.

so if i wait for the 90 days b4 the expiration of the GC better or just file it now?

[Brother Hesekiel 2,235]

Sasa,

the "normal" way to file the I-751 is if both, man and wife, file JOINTLY, thus telling the immigration people that they are still a happily married couple, living together.

If that's not the case anymore, it is possible to file with a waiver. In such a case you will have to prove that you entered the marriage in good faith (out of love). In order to get any such an I-751 approved, you need to be a widower, married, or divorced. Just living separated and planing to get a divorce is not good enough.

Normally the couple files as early as possible, between 90 and 80 days before the 2-year Green Card expires. This will most likely not work in your case. You need to get your divorce going as quickly as possible. Once you are divorced, you submit your I-751. If it takes too long to get divorced, you need to file shortly before your Green Card expires, ideally only a few days before, even if you are not divorced by that time. This way you "buy" time.

If you submit the I-751 without a divorce decree, you will receive a receipt plus an RFE, asking for that divorce decree. Usually all this takes time, so you most likely have another 80 to 90 days or so to finalize your divorce.

If you are still not divorced about 3 months after your GC expired, you will automatically put in removal proceedings and as part of the process you will see an Immigration Judge. If this happens to you, it's time to hire a lawyer.

To this judge you, or, better, your attorney, will explain your situation and ask for removal proceedings to put on hold until you are divorced and USCIS has decided upon your I-751. Normally, the judge will okay that.

Once you are divorced, USCIS will look at your I-751 once again and decide if they approve it or not.

[Krikit 1,163]

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