Removal of conditions in the midst of divorce

[Danni_BoF 1]

I am hoping someone may be able to offer some advice on my current situation.

I have a conditional permanent residency card based on marriage. My card expires on March 3. I have a two year old daughter with my husband. Unfortunately our relationship has not worked out as initially planned. We have been living separately for the past year. We attended counseling, etc. in hopes that we could salvage our relationship.

My husband has informed me that he plans on filing for divorce. Actually, he told me that he plans on filing on the 1st of next month. My concern is that I will be terminated once March 3 passes. He is not exactly to interested in filing jointly as his lawyer has advised him that I will have no problem obtaining my permanent residency card.

Obviously finances are a major concern as I am a full time mother and a student. I am completely terrified about the costs of not only a divorce lawyer but also an immigration one.

So, what are my options?

Should I file with him now (if he agrees) or should I wait two months for my divorce decree to come in and file for a waiver? Also, do you think I could still file without an immigration lawyer?

I mean, I have no problem proving the validity of our relationship. We have shared health, auto, dental insurances. We have taken counseling together. We filed our taxes together. My family has paid for him to travel to Ireland and Spain and I have all of the statements to prove that.

I appreciate any info or advice. =)

[rika60607 215]

You should file I-751 with divorce waiver two weeks prior to the expiration date on your card. Use USPS express - that way your package will be tracked and if there is any problem with petition you will still have time to re-file.

You should write a cover letter, in which you will summarize your relationship and declare that since you are in the middle of divorce, you can not provide divorce decree yet. You should include a nice thick collection of documents to prove co-habitation, co-mingling of finances and social life... and your baby's birth certificate, of course.

You do not need a lawyer for this.

USCIS will accept your petition, extend your status for a year and request that you send them divorce decree. By the time they come around to asking, you will hopefully have the decree on hand. They give you a couple of months to respond to RFE.

If you do not file on time, you will be out of status and removal proceedings will be initiated.

Regarding divorce, if you trust your husband to be fare, you can just let him handle it and pay for it.

If you do not trust him, get the best lawyer you can find. If he is good, he may be able to make your husband pay his lawyer fees anyway

I am hoping someone may be able to offer some advice on my current situation.

I have a conditional permanent residency card based on marriage. My card expires on March 3. I have a two year old daughter with my husband. Unfortunately our relationship has not worked out as initially planned. We have been living separately for the past year. We attended counseling, etc. in hopes that we could salvage our relationship.

My husband has informed me that he plans on filing for divorce. Actually, he told me that he plans on filing on the 1st of next month. My concern is that I will be terminated once March 3 passes. He is not exactly to interested in filing jointly as his lawyer has advised him that I will have no problem obtaining my permanent residency card.

Obviously finances are a major concern as I am a full time mother and a student. I am completely terrified about the costs of not only a divorce lawyer but also an immigration one.

So, what are my options?

Should I file with him now (if he agrees) or should I wait two months for my divorce decree to come in and file for a waiver? Also, do you think I could still file without an immigration lawyer?

I mean, I have no problem proving the validity of our relationship. We have shared health, auto, dental insurances. We have taken counseling together. We filed our taxes together. My family has paid for him to travel to Ireland and Spain and I have all of the statements to prove that.

I appreciate any info or advice. =)

[Danni_BoF 1]

You should file I-751 with divorce waiver two weeks prior to the expiration date on your card. Use USPS express - that way your package will be tracked and if there is any problem with petition you will still have time to re-file.

You should write a cover letter, in which you will summarize your relationship and declare that since you are in the middle of divorce, you can not provide divorce decree yet. You should include a nice thick collection of documents to prove co-habitation, co-mingling of finances and social life... and your baby's birth certificate, of course.

You do not need a lawyer for this.

USCIS will accept your petition, extend your status for a year and request that you send them divorce decree. By the time they come around to asking, you will hopefully have the decree on hand. They give you a couple of months to respond to RFE.

If you do not file on time, you will be out of status and removal proceedings will be initiated.

Regarding divorce, if you trust your husband to be fare, you can just let him handle it and pay for it.

If you do not trust him, get the best lawyer you can find. If he is good, he may be able to make your husband pay his lawyer fees anyway

Thank you so much. I found this to be so helpful. =)