applying for removal conditions when separate

[missx 0]

I have a situation: I am marred since December 2007 and have 2 years green card (since April 2009), it will expired April 2011. We are separate now, but haven't fill for divorce yet. I am wondering if I can apply for removal conditions right now or should I fill for divorce and wait it to be finalize. I can feel jointly now but should I ask for waiver? If not, so I mark a) as a applying jointly and when I will go to interview along..and say we are not together anymore..Marriage was in a good faith and I can prove it. So can I apply earlier then 90 day before expiration date?

[inloveVEN 46]

Hi

If you cannot lead with your marriage anymore, i think you better should file the divorce ans as soon as you get divorced apply for your ROC. if your marriage was based in good faith you have nothing to be worried.

I am so sorry to hear that and i wish you look in this new phase of your life

[besaangel 17]

I have a situation: I am marred since December 2007 and have 2 years green card (since April 2009), it will expired April 2011. We are separate now, but haven't fill for divorce yet. I am wondering if I can apply for removal conditions right now or should I fill for divorce and wait it to be finalize. I can feel jointly now but should I ask for waiver? If not, so I mark a) as a applying jointly and when I will go to interview along..and say we are not together anymore..Marriage was in a good faith and I can prove it. So can I apply earlier then 90 day before expiration date?

Take a look at the guide:

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

If you guys are gonna stay married, then you'll have to wait until the 90 days before GC expiration to file. If you are filin for divorce, the divorce has to be finalized BEFORE you can go ahead and file on your own and you have to file for ROC as soon as your divorce decree is ready (even if before the 90 day)...

I dont think its wise to file jointly while you are separated as it'd be hard to prove your bonafide marriage and will risk fraud (in my opinion) , as your AOS is based on marriage. Either you guys are gonna file for divorce or not but I think you guys need to figure out what ya'll doing before you file.

[missx 0]

thank you for the info. We are not going to be together that for sure. If I am going to fill for divorce and it will take long time.( how long it takes anyway?). i am just afraid to be late

[Old Dominion 26]

Each state has different laws for divorce. In some states, one waits six months to a year after filing for it.

[rika60607 215]

Google divorce rules in your state.

If you two can agree on the divorce conditions, you could be done with divorce within 2-3 weeks. Some states require separation period, but you probably had been separated for a while now.

thank you for the info. We are not going to be together that for sure. If I am going to fill for divorce and it will take long time.( how long it takes anyway?). i am just afraid to be late

[dluke77 9]

Quote from I-751 Instructions: "You entered the marriage in good faith".

You entered the marriage in good faith; I believe that means you married as a result of loving the man or woman you married not the country they were from. The condition is removed if you are not living as a married couple.

So just return to the home country. Trying to figure out how to stay here, in itself, just shows the intent of entering the marriage was at least in part, if not wholly, to immigrate to the United States.

[Deputy Purple 1,294]

So just return to the home country. Trying to figure out how to stay here, in itself, just shows the intent of entering the marriage was at least in part, if not wholly, to immigrate to the United States.

Because it's not like the OP has been married for over 3 years and living in this country long enough the have friends, a job, you know a life here and doesn't really want to give it up and start all over again.

Seriously, how can you pass judgement on someone you don't even know?

[dluke77 9]

Because it's not like the OP has been married for over 3 years and living in this country long enough the have friends, a job, you know a life here and doesn't really want to give it up and start all over again.

Seriously, how can you pass judgement on someone you don't even know?

Not passing judgement, just opinion.

"We are separate now, but haven't fill for divorce yet." "I am wondering if I can apply for removal conditions right now or should I fill for divorce and wait it to be finalize."

Based on the statements above she/he knows the rules and "conditional residency" requirements to get the permanent residency and is basically asking if there is a way to game the system to make obtaining permanent card easier. That is illegal and grounds for deportation if she and her husband are caught claiming to be married and they are not--then she would be deported and not allowed to return for how many years.

Besides she gave up how many years of life, work, friends in her former country (normally age of consent is 18 and will assume that here) so at least 18 years.

Willing to spend up to or more than a year waiting and processing paperwork to enter a marriage in "good faith"--but then to be figuring out how to stay in the US by filing together when in fact they are not, and before TWO years of marriage would just lead me to wonder how much "good faith" was there.

[Brother Hesekiel 2,235]

As you are separated now, you CANNOT even file jointly anymore (unless and your spouse intend to fraud USCIS).

In order to get your ROC approved (or denied), you thus need to be divorced. Since time is not your friend here, get going with the divorce. If you are not divorced by the time it's time to file for ROC, report back here and we give you more information about how the game is played.

[Deputy Purple 1,294]

Not passing judgement, just opinion.

"We are separate now, but haven't fill for divorce yet." "I am wondering if I can apply for removal conditions right now or should I fill for divorce and wait it to be finalize."

Based on the statements above she/he knows the rules and "conditional residency" requirements to get the permanent residency and is basically asking if there is a way to game the system to make obtaining permanent card easier. That is illegal and grounds for deportation if she and her husband are caught claiming to be married and they are not--then she would be deported and not allowed to return for how many years.

Or she could just have a cursory understanding (i.e. That there is the divorce waiver and not much more) Heck if she had a full understanding of the divorce waiver then she'd know that it isn't anything to worry about as she says she has plenty of proof of good faith marriage.

I saw it this way and just assumed she's overly worried that USCIS assumes immigration fraud when someone uses the waiver to ROC

Besides she gave up how many years of life, work, friends in her former country (normally age of consent is 18 and will assume that here) so at least 18 years.

So I have a friend, his girlfriend is moving from TX to WI expressly to be with him. If the relationship fails she should automatically return to TX even though she's "closed out" her life there?

Willing to spend up to or more than a year waiting and processing paperwork to enter a marriage in "good faith"--but then to be figuring out how to stay in the US by filing together when in fact they are not, and before TWO years of marriage would just lead me to wonder how much "good faith" was there.

My point is that she already uprooted herself once and maybe she likes where she lives now, to assume that she married just for a greencard based on the fact that she would prefer to continue living where she is currently is passing judgement on her.

If this was a greencard marriage then she could have just as easily staying with him until after they successfully Removed Conditions or, even worse for him, she could have received some real good coaching on VAWA and been free of him very quickly.

[dluke77 9]

Or she could just have a cursory understanding (i.e. That there is the divorce waiver and not much more) Heck if she had a full understanding of the divorce waiver then she'd know that it isn't anything to worry about as she says she has plenty of proof of good faith marriage. I saw it this way and just assumed she's overly worried that USCIS assumes immigration fraud when someone uses the waiver to ROC.

Gaming the system is the way I took it--bad thing/good thing about forums is we interpet things different. If you want a divorce, then one should file for it and worry about the immigration separate. Since they are two entirely different issues.

So I have a friend, his girlfriend is moving from TX to WI expressly to be with him. If the relationship fails she should automatically return to TX even though she's "closed out" her life there?

Your comparing apples to oranges here. Immigration between states is entirely different than international immigration. I would love a world free of passports and visa's and free movement--but we are not living in a world even close to that yet.

My point is that she already uprooted herself once and maybe she likes where she lives now, to assume that she married just for a greencard based on the fact that she would prefer to continue living where she is currently is passing judgement on her.

When I visited the Philippines, I fell in love with the country. I prefer to live there but there is laws preventing me from living wherever I want to live when it comes to crossing international borders.

Based on immigration laws and her status (separated and not living under the conditions of her conditional greencard prevent that--unless you break the law). Now if she can apply for and get a waiver approved that is awesome all for it, unfortunately I have too many friends that tried this and were not approved (except two I know that had police reports etc of abuse).

If this was a greencard marriage then she could have just as easily staying with him until after they successfully Removed Conditions or, even worse for him, she could have received some real good coaching on VAWA and been free of him very quickly.

Unless "she could just have a cursory understanding" so your right there... maybe she does only have a cursory understanding.

Would it help if I just agreed that your right and I am wrong Half of what I said on here is just playing devils advocate and being stubborn so please don't take it personally.

And to the original poster miss... I am all for you being able to stay here if you did in fact enter the marriage in good faith of sharing a life together with your husband. And I understand that it may be your American husband that was the cause of your marital problems. I've seen that plenty of times with my friends first hand. So just do the right thing the right way and be a good person about it -- and hopefully blessings will always come your way.