Removing Residency condition after divorce

[irakro97 0]

Hi Guys,

My wife and I, after long talks and seeking a marriage counselor are getting the divorce.

I have would to ask three question:

I heard that if a divorce occurs, the residency condition can still be removed(!?), does anyone knows if the law puts any requirement on how long the marriage needs to have subsisted in order to be eligible to apply for the waiver ?

We have a Child together do I need to mention that in my application ? would it that be ok ?

Could anyone tell me what sort of proof is required to show that the marriage has been entered in good faith ?

Thanks a lot for your inputs

[milimelo 4,234]

Hi Guys,

My wife and I, after long talks and seeking a marriage counselor are getting the divorce.

I have would to ask three question:

I heard that if a divorce occurs, the residency condition can still be removed(!?), does anyone knows if the law puts any requirement on how long the marriage needs to have subsisted in order to be eligible to apply for the waiver ?

We have a Child together do I need to mention that in my application ? would it that be ok ?

Could anyone tell me what sort of proof is required to show that the marriage has been entered in good faith ?

Thanks a lot for your inputs

It's the same as regular ROC but you're ticking the box d, including your divorce decree and other evidence of good faith marriage - whatever you can come up with - joint bank statement, child's birth certificate, insurance (medical, car, house/apt...). lease/mortgage, junk mail sent to same address...

If you're within 90 days of expiration of your GC you still want to send it in even if you still don't have a decree - they will give you a NOA to extend your status for a year, but you will also get a RFE for missing decree.

Look through this forum, several people have lifted conditions successfully with a divorce - removal of conditions with a waiver should help in search.

Best of luck to you!

[v333k 59]

Hi Guys,

My wife and I, after long talks and seeking a marriage counselor are getting the divorce.

I have would to ask three question:

I heard that if a divorce occurs, the residency condition can still be removed(!?), does anyone knows if the law puts any requirement on how long the marriage needs to have subsisted in order to be eligible to apply for the waiver ?

We have a Child together do I need to mention that in my application ? would it that be ok ?

Could anyone tell me what sort of proof is required to show that the marriage has been entered in good faith ?

Thanks a lot for your inputs

yes, you can still get approved based on a marriage entered in good faith. The previous poster actually summed it up nicely, but I wanted to mention that if your divorce is final, I don't think you need to wait until you are within 90 days of your card expiration date, you can mail it in earlier.

[Oban 1]

Hi Guys,

My wife and I, after long talks and seeking a marriage counselor are getting the divorce.

I have would to ask three question:

I heard that if a divorce occurs, the residency condition can still be removed(!?), does anyone knows if the law puts any requirement on how long the marriage needs to have subsisted in order to be eligible to apply for the waiver ?

We have a Child together do I need to mention that in my application ? would it that be ok ?

Could anyone tell me what sort of proof is required to show that the marriage has been entered in good faith ?

Thanks a lot for your inputs

Just went through the same and got conditions successfully removed. To answer your questions:

"I heard that if a divorce occurs, the residency condition can still be removed(!?), does anyone knows if the law puts any requirement on how long the marriage needs to have subsisted in order to be eligible to apply for the waiver ?"

You are correct. You are eligable to get your conditions removed. There is no specific time requirement concerning how long you have to be married in case of a divorce. Let me put is this way: if you get divorced after 1.9 years, meaning close to the actual 2 year deadline, it looks somewhat more like a real marriage than getting a divorce one week after entering the US. Having said that, this statement of course is only taking into account the time aspect. If you have of course tons or documents as proof the time aspect is not as important. Every case including evidence is somewhat unique.

"We have a Child together do I need to mention that in my application ? would it that be ok ?"

Having a child together is great proof / evidence in your situation. The birth certificate should certainly be included in your evidence. Nevertheless, you only need to mention the child as evidence and not for application purposes as the child is a US citizen and therefore has not green card and or relevance for the proceedings (unless used as evidence as aforementioned).

"Could anyone tell me what sort of proof is required to show that the marriage has been entered in good faith ?"

Any documentation showing somehow and somewhat that you maintained a real marriage.

- Insurance Certificates (Car, Life, Property, what not..)

- Birth Certificate of Children

- Car Titles

- Car Loans

- Mortgages / Rental Agreement

- Bank Statements showing joint ownership of bank accounts

- Credit Card Statement

- Health Insurance Documents (Invoices, Claims, etc)

- Flight Tickets from previous trips

- Hotel Booking Confirmations

- Rental Car Receipts, showing your or your spouse as add. driver

- In your case: AFFIDAVIT OF YOUR MARRIAGE COUNSELOR (I did the same!!!)

- Affidavits of friends, etc

- Affidavit from your former spouse (if he/she is willing to do this)

- Copies of Driver Licenses showing same address for both of you

- Family Cell Phone Plan Invoices

- Any other term based financial documentation / agreement

- Official IRS Tax Return Transcripts, etc

- etc etc etc

Send me a Private Msg if you need more info.

Note: I got my conditions removed without request for further evidence or interview. This is great, however unexpected and not the general rule. Nevertheless, if you need help let me know.

[Okalian 41]

Note: I got my conditions removed without request for further evidence or interview. This is great, however unexpected and not the general rule. Nevertheless, if you need help let me know.

The same here...looks like thats the new trend for waivers! Budget cuts, maybe?

[irakro97 0]

The same here...looks like thats the new trend for waivers! Budget cuts, maybe?

Thank you Everyone for your response

Just went through the same and got conditions successfully removed. To answer your questions:

"I heard that if a divorce occurs, the residency condition can still be removed(!?), does anyone knows if the law puts any requirement on how long the marriage needs to have subsisted in order to be eligible to apply for the waiver ?"

You are correct. You are eligable to get your conditions removed. There is no specific time requirement concerning how long you have to be married in case of a divorce. Let me put is this way: if you get divorced after 1.9 years, meaning close to the actual 2 year deadline, it looks somewhat more like a real marriage than getting a divorce one week after entering the US. Having said that, this statement of course is only taking into account the time aspect. If you have of course tons or documents as proof the time aspect is not as important. Every case including evidence is somewhat unique.

"We have a Child together do I need to mention that in my application ? would it that be ok ?"

Having a child together is great proof / evidence in your situation. The birth certificate should certainly be included in your evidence. Nevertheless, you only need to mention the child as evidence and not for application purposes as the child is a US citizen and therefore has not green card and or relevance for the proceedings (unless used as evidence as aforementioned).

"Could anyone tell me what sort of proof is required to show that the marriage has been entered in good faith ?"

Any documentation showing somehow and somewhat that you maintained a real marriage.

- Insurance Certificates (Car, Life, Property, what not..)

- Birth Certificate of Children

- Car Titles

- Car Loans

- Mortgages / Rental Agreement

- Bank Statements showing joint ownership of bank accounts

- Credit Card Statement

- Health Insurance Documents (Invoices, Claims, etc)

- Flight Tickets from previous trips

- Hotel Booking Confirmations

- Rental Car Receipts, showing your or your spouse as add. driver

- In your case: AFFIDAVIT OF YOUR MARRIAGE COUNSELOR (I did the same!!!)

- Affidavits of friends, etc

- Affidavit from your former spouse (if he/she is willing to do this)

- Copies of Driver Licenses showing same address for both of you

- Family Cell Phone Plan Invoices

- Any other term based financial documentation / agreement

- Official IRS Tax Return Transcripts, etc

- etc etc etc

Send me a Private Msg if you need more info.

Note: I got my conditions removed without request for further evidence or interview. This is great, however unexpected and not the general rule. Nevertheless, if you need help let me know.

Thank you Oban, Your advises are really helpful. Yes I would like to keep in touch with you , how can I send you a personal message ?

[Yurika & Jim 77]

Thank you Oban, Your advises are really helpful. Yes I would like to keep in touch with you , how can I send you a personal message ?

You can just click the mail icon under Oban's name to send PM

Or you can go to your Messenger page and compose new message. Put "Oban" in Recipient's Name.

I hope you can understand my explanation. My English isn't so good so...

[irakro97 0]

You can just click the mail icon under Oban's name to send PM

Or you can go to your Messenger page and compose new message. Put "Oban" in Recipient's Name.

I hope you can understand my explanation. My English isn't so good so...

That's good enough thanks !