met with an attorney yesterday...

[returningVJ 0]

Hi All,

can some one give me some thoughts. i met a 25 years eaperienced immigration attorney yesterday, regarding filling the I-751 separately. according to him its a lengthy and tough process which takes around 2-3 years. and this got me thinking... most what i heard in this forum is that its a matter of months even though i can remember some one else mentioning that his attorney said the same thing.

on one hand it makes me feel like he was scaring me to make sure im going to go through him. on the other hand may be he is right.

below is all what i have as evidence.

1. Joint bank accounts

2. joint medical insuarance from my employer

3. joint dental insuarance from my employer

4. Joint tax filling for 2005

[returningVJ 0]

Hi All,

can some one give me some thoughts. i met a 25 years eaperienced immigration attorney yesterday, regarding filling the I-751 separately. according to him its a lengthy and tough process which takes around 2-3 years. and this got me thinking... most what i heard in this forum is that its a matter of months even though i can remember some one else mentioning that his attorney said the same thing.

on one hand it makes me feel like he was scaring me to make sure im going to go through him. on the other hand may be he is right.

below is all what i have as evidence.

1. Joint bank accounts (savings and checking)

2. joint medical insuarance from my employer

3. joint dental insuarance from my employer

4. Joint tax filling for 2005

5. some pictures of the trips

6. rent checks signed by her but my name printed on the check. ( we dont have a joint lease, because it was signed before i got my SSN)

7. email from her saying that she (USC) doesn't want to continue the marriage

8. couple of chat tarnscripts with my in-laws where they tell me that they got to know about the current cituation and offering me support, and also explaining that they were trying to advice her why she shouldn't quite.

apart from these i might be able to get an affadavit or two from my in-laws stating that i was commited to the marriage and all that.

but also another important thing is unfortunately the job i got after coming here (2 months after coming here) had sending me to clients every where and had to do lot of travelling on work. so i didnt get to live full time on my address but i was coming home atleast every two weeks for the week end. (BTW which i believed caused all this)

based on these can some one give me some thoughts, the lawyer i met said its going to be a tough case but he didnt bother asking what kinda evidence i have with me. he was holding on to the fact that i was travelling alot and when ur married you are supposed to live together full time. but all the people whom i work with get to go home only in the week end. please give me some thoughts

[raymaga 25]

I too am currently doing the Removal of Conditions and I would never consider using a lawyer to do it. It is the simplest step in the whole immigration process, as far as I am concerned.

Check the online processing dates for the Service Centre that you will be going through to file your I-751 to see how long they are taking to process.

You will receive a notice in the mail after your application has been received which extends your GC for one year while processing of the I-751 is taking place. Normally, processing is complete within one year max from what I hear.

I am sending everything you mentioned, as well as:

- Copy of the Deed Title for our home (in both our names)

- Copy of our Tax Statement for our bank account (joint account)

- Copy of joint vehicle insurance documents for both our vehicles

- Copy of the title of both our vehicles, showing joint ownership

- Copy of our joint Discover credit card (and Sears account as well)

You can also send letters from friends stating that they have witnessed your relationship as a bona fide marriage.

Good luck for a speedy approval.

EDIT: Sorry.... just read that you are no longer with your spouse.... missed that in my first reading. Ignore this post.

Edited August 8, 2006 by raymaga

[diadromous mermaid 36]

Hi All,

can some one give me some thoughts. i met a 25 years eaperienced immigration attorney yesterday, regarding filling the I-751 separately. according to him its a lengthy and tough process which takes around 2-3 years. and this got me thinking... most what i heard in this forum is that its a matter of months even though i can remember some one else mentioning that his attorney said the same thing.

on one hand it makes me feel like he was scaring me to make sure im going to go through him. on the other hand may be he is right.

below is all what i have as evidence.

1. Joint bank accounts (savings and checking)

2. joint medical insuarance from my employer

3. joint dental insuarance from my employer

4. Joint tax filling for 2005

5. some pictures of the trips

6. rent checks signed by her but my name printed on the check. ( we dont have a joint lease, because it was signed before i got my SSN)

7. email from her saying that she (USC) doesn't want to continue the marriage

8. couple of chat tarnscripts with my in-laws where they tell me that they got to know about the current cituation and offering me support, and also explaining that they were trying to advice her why she shouldn't quite.

apart from these i might be able to get an affadavit or two from my in-laws stating that i was commited to the marriage and all that.

but also another important thing is unfortunately the job i got after coming here (2 months after coming here) had sending me to clients every where and had to do lot of travelling on work. so i didnt get to live full time on my address but i was coming home atleast every two weeks for the week end. (BTW which i believed caused all this)

based on these can some one give me some thoughts, the lawyer i met said its going to be a tough case but he didnt bother asking what kinda evidence i have with me. he was holding on to the fact that i was travelling alot and when ur married you are supposed to live together full time. but all the people whom i work with get to go home only in the week end. please give me some thoughts

I'm not sure how to react to your atorney's suggestion that removing conditions with a waiver is a tough process. Perhaps there's something to do with the length of the marriage that is creating this sense. Typically, if you have eveidence of a bona fide marriage, which it appears you do, then the waiver process is not all that complicated. I notice that your tax return evidence is dated 2005. How long after receiving your conditional green card did the marriage terminate in divorce?

[Bobkatz 0]

I personally don't think you need an attorney either.

The evidence you have is what we had, we never had a problem at all with removing conditions. Plus my job also means I travel alot and wasn't always home with my wife.

I say just go for it, especially as you have those affadavits from in laws too.

[returningVJ 0]

I'm not sure how to react to your atorney's suggestion that removing conditions with a waiver is a tough process. Perhaps there's something to do with the length of the marriage that is creating this sense. Typically, if you have eveidence of a bona fide marriage, which it appears you do, then the waiver process is not all that complicated. I notice that your tax return evidence is dated 2005. How long after receiving your conditional green card did the marriage terminate in divorce?

Thank you so much for your response..

I have been married little over 2 years now and its been 1 year now from my conditional green card. but the divorce is not started yet. (process is not initiated) despite all the attempts to make thing work it seems inevitable. so im taking precautionary messures, its always good to know little in advance if i have to start packing

thanks again.

[diadromous mermaid 36]

I'm not sure how to react to your atorney's suggestion that removing conditions with a waiver is a tough process. Perhaps there's something to do with the length of the marriage that is creating this sense. Typically, if you have eveidence of a bona fide marriage, which it appears you do, then the waiver process is not all that complicated. I notice that your tax return evidence is dated 2005. How long after receiving your conditional green card did the marriage terminate in divorce?

Thank you so much for your response..

I have been married little over 2 years now and its been 1 year now from my conditional green card. but the divorce is not started yet. (process is not initiated) despite all the attempts to make thing work it seems inevitable. so im taking precautionary messures, its always good to know little in advance if i have to start packing

thanks again.

Ah, so in approximately 9 months you should be removing the conditions? You should be aware that you will need a final divorce decree in order to file the waiver (and can file the waiver as soon as you have the decree, even if before the filing time) and if you jointly file the I-751 in the meantime and then later divorce before the jointly-filed application has been adjudictaed, the jointly filed I-751 would then need to be withdrawn and replaced with a waiver. In that regard, and please don't take my response as advocating termination of a marriage unless it is clearly inevitable and you are sure your wife and you will not be able to repair the marriage, but you need to be either divorced or in a sustaining marriage where your wife will be willing to jointly file before the deadline. Good luck.

[Boiler 43,636]

I'm not sure how to react to your atorney's suggestion that removing conditions with a waiver is a tough process. Perhaps there's something to do with the length of the marriage that is creating this sense. Typically, if you have eveidence of a bona fide marriage, which it appears you do, then the waiver process is not all that complicated. I notice that your tax return evidence is dated 2005. How long after receiving your conditional green card did the marriage terminate in divorce?

Thank you so much for your response..

I have been married little over 2 years now and its been 1 year now from my conditional green card. but the divorce is not started yet. (process is not initiated) despite all the attempts to make thing work it seems inevitable. so im taking precautionary messures, its always good to know little in advance if i have to start packing

thanks again.

Sounds like the lawyer is hyping his fee, if you do not want to fiy see some others.

Nothing can be done before a divorce. Apart from collect evidence.

[thedora 0]

I'm not sure how to react to your atorney's suggestion that removing conditions with a waiver is a tough process. Perhaps there's something to do with the length of the marriage that is creating this sense. Typically, if you have eveidence of a bona fide marriage, which it appears you do, then the waiver process is not all that complicated. I notice that your tax return evidence is dated 2005. How long after receiving your conditional green card did the marriage terminate in divorce?

Thank you so much for your response..

I have been married little over 2 years now and its been 1 year now from my conditional green card. but the divorce is not started yet. (process is not initiated) despite all the attempts to make thing work it seems inevitable. so im taking precautionary messures, its always good to know little in advance if i have to start packing

thanks again.

I wonder how to file a waiver? I had CGC but my husband and i got divorce.. As you said i dont need to wait for my CGC 90 days to expires before i apply my I-751, I have my divorce decree now and I really dont know where to start, my CGC expires on 2008... I dont have much my evidence because we been living separate house lately and we do not have bank accounts or my name in his house. I dont know if i have a chance to be approve by removing my condition alone .

Ah, so in approximately 9 months you should be removing the conditions? You should be aware that you will need a final divorce decree in order to file the waiver (and can file the waiver as soon as you have the decree, even if before the filing time) and if you jointly file the I-751 in the meantime and then later divorce before the jointly-filed application has been adjudictaed, the jointly filed I-751 would then need to be withdrawn and replaced with a waiver. In that regard, and please don't take my response as advocating termination of a marriage unless it is clearly inevitable and you are sure your wife and you will not be able to repair the marriage, but you need to be either divorced or in a sustaining marriage where your wife will be willing to jointly file before the deadline. Good luck.

[diadromous mermaid 36]

I'm not sure how to react to your attorney's suggestion that removing conditions with a waiver is a tough process. Perhaps there's something to do with the length of the marriage that is creating this sense. Typically, if you have eveidence of a bona fide marriage, which it appears you do, then the waiver process is not all that complicated. I notice that your tax return evidence is dated 2005. How long after receiving your conditional green card did the marriage terminate in divorce?

I wonder how to file a waiver? I had CGC but my husband and i got divorce.. As you said i dont need to wait for my CGC 90 days to expires before i apply my I-751, I have my divorce decree now and I really dont know where to start, my CGC expires on 2008... I dont have much my evidence because we been living separate house lately and we do not have bank accounts or my name in his house. I dont know if i have a chance to be approve by removing my condition alone .

You can file the I-751 now and send a copy of the divorce decree along with all the evidence of the bona fide marriage. The form requires that you tick a box, indicating that you are self-petitioning on the basis of a genuine marriage that terminated in divorce or annulment.

Thank you so much for your response..

I have been married little over 2 years now and its been 1 year now from my conditional green card. but the divorce is not started yet. (process is not initiated) despite all the attempts to make thing work it seems inevitable. so im taking precautionary messures, its always good to know little in advance if i have to start packing

thanks again.

You support your waiver with all documentation from the date you married until the filing date of the waiver, that will corroborate that you entered into the marriage with the intent to co-mingle your social and financial lives. USCIS recognises that once separated the financial element will not be joint. Supply what you already have together, Good luck!

Nothing can be done before a divorce. Apart from collect evidence.

.......aside from reconciliation

Edited August 8, 2006 by diadromous mermaid

[thedora 0]

I'm not sure how to react to your atorney's suggestion that removing conditions with a waiver is a tough process. Perhaps there's something to do with the length of the marriage that is creating this sense. Typically, if you have eveidence of a bona fide marriage, which it appears you do, then the waiver process is not all that complicated. I notice that your tax return evidence is dated 2005. How long after receiving your conditional green card did the marriage terminate in divorce?

Thank you so much for your response..

I have been married little over 2 years now and its been 1 year now from my conditional green card. but the divorce is not started yet. (process is not initiated) despite all the attempts to make thing work it seems inevitable. so im taking precautionary messures, its always good to know little in advance if i have to start packing

thanks again.

I wonder how to file a waiver? I had CGC but my husband and i got divorce.. As you said i dont need to wait for my CGC 90 days to expires before i apply my I-751, I have my divorce decree now and I really dont know where to start, my CGC expires on 2008... I dont have much my evidence because we been living separate house lately and we do not have bank accounts or my name in his house. I dont know if i have a chance to be approve by removing my condition alone .

Ah, so in approximately 9 months you should be removing the conditions? You should be aware that you will need a final divorce decree in order to file the waiver (and can file the waiver as soon as you have the decree, even if before the filing time) and if you jointly file the I-751 in the meantime and then later divorce before the jointly-filed application has been adjudictaed, the jointly filed I-751 would then need to be withdrawn and replaced with a waiver. In that regard, and please don't take my response as advocating termination of a marriage unless it is clearly inevitable and you are sure your wife and you will not be able to repair the marriage, but you need to be either divorced or in a sustaining marriage where your wife will be willing to jointly file before the deadline. Good luck.

I wonder how to file a waiver? I had CGC but my husband and i got divorce.. As you said i dont need to wait for my CGC 90 days to expires before i apply my I-751, I have my divorce decree now and I really dont know where to start, my CGC expires on 2008... I dont have much my evidence because we been living separate house lately and we do not have bank accounts or my name in his house. I dont know if i have a chance to be approve by removing my condition alone .

[diadromous mermaid 36]

Thedora,

You can file the I-751 now and send a copy of the divorce decree along with all the evidence of the bona fide marriage. The form requires that you tick a box, indicating that you are self-petitioning on the basis of a genuine marriage that terminated in divorce or annulment.

You support your waiver with all documentation from the date you married until the filing date of the waiver, that will corroborate that you entered into the marriage with the intent to co-mingle your social and financial lives. USCIS recognises that once separated the financial element will not be joint. Supply what you already have together, Good luck!

[returningVJ 0]

Thedora,

what kind of evidence are you hoping to pull together for I-751?

Ah, so in approximately 9 months you should be removing the conditions? You should be aware that you will need a final divorce decree in order to file the waiver (and can file the waiver as soon as you have the decree, even if before the filing time) and if you jointly file the I-751 in the meantime and then later divorce before the jointly-filed application has been adjudictaed, the jointly filed I-751 would then need to be withdrawn and replaced with a waiver. In that regard, and please don't take my response as advocating termination of a marriage unless it is clearly inevitable and you are sure your wife and you will not be able to repair the marriage, but you need to be either divorced or in a sustaining marriage where your wife will be willing to jointly file before the deadline. Good luck.

Im thinking of keeping the table open till december, unless she files for a divorce before that. i heard that it only takes like 2-3 months for a divorce to get finalized. is this true or could it be much longer? and is there a difference in who files for the divorce? right now i dont see things working out unless some miracle is going to happen. cuz she doesnt even want to talk to me. on one hand it feels like she is in some other relationship or planning to get in to another relationship and eager to clearout things.

[Boiler 43,636]

I'm not sure how to react to your attorney's suggestion that removing conditions with a waiver is a tough process. Perhaps there's something to do with the length of the marriage that is creating this sense. Typically, if you have eveidence of a bona fide marriage, which it appears you do, then the waiver process is not all that complicated. I notice that your tax return evidence is dated 2005. How long after receiving your conditional green card did the marriage terminate in divorce?

I wonder how to file a waiver? I had CGC but my husband and i got divorce.. As you said i dont need to wait for my CGC 90 days to expires before i apply my I-751, I have my divorce decree now and I really dont know where to start, my CGC expires on 2008... I dont have much my evidence because we been living separate house lately and we do not have bank accounts or my name in his house. I dont know if i have a chance to be approve by removing my condition alone .

You can file the I-751 now and send a copy of the divorce decree along with all the evidence of the bona fide marriage. The form requires that you tick a box, indicating that you are self-petitioning on the basis of a genuine marriage that terminated in divorce or annulment.

D

Thank you so much for your response..

I have been married little over 2 years now and its been 1 year now from my conditional green card. but the divorce is not started yet. (process is not initiated) despite all the attempts to make thing work it seems inevitable. so im taking precautionary messures, its always good to know little in advance if i have to start packing

thanks again.

You support your waiver with all documentation from the date you married until the filing date of the waiver, that will corroborate that you entered into the marriage with the intent to co-mingle your social and financial lives. USCIS recognises that once separated the financial element will not be joint. Supply what you already have together, Good luck!

Nothing can be done before a divorce. Apart from collect evidence.

.......aside from reconciliation

Point taken.

Divorce is a State issue, see a Divorce lawyer for your State.

[returningVJ 0]

It was a lawyer from my county who told me there is a re-conciliation period of 2 months and it should be

a matter of 2-3 months. but right now im kinda not have any faith on the lawyers

anyways is there any difference in who takes the divorce ??