Jump to content
Sign in to follow this  
Danni_BoF

Removal of conditions in the midst of divorce

3 posts in this topic

Recommended Posts

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. =)


Married 10/24/2014

AOS Application

02/17/2015 - AOS packet sent via Express mail (I-130, I-485, I-131, I-765)

02/23/2015 (day 1) - Delivered to USCIS Chicago
03/02/2015 (day 7) - Received USCIS Acceptance Confirmation emails.
03/02/2015
(day 7 ) - Checks cashed
03/06/2015
(day 11) - Received 3 NOA's by mail (I-485, I-131, I-765)
03/27/2015 (day 32) - NOA for Biometrics appointment. Date 04/17/2015

04/17/2015 (day 53) - Successful walk-in Biometrics
05/06/2015 (day 72) -
EAD and Advanced Parole Approved

02/02/2016 (day 343) - Received NOA about the interview appointment

03/07/2016 (day 377) - Interview

??/??/???? (day ?) - I-485 Approved

??/??/???? (day ?) - Green Card Received

Share this post


Link to post
Share on other sites

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 :whistle:

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. =)


CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

Share this post


Link to post
Share on other sites

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 :whistle:

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


Married 10/24/2014

AOS Application

02/17/2015 - AOS packet sent via Express mail (I-130, I-485, I-131, I-765)

02/23/2015 (day 1) - Delivered to USCIS Chicago
03/02/2015 (day 7) - Received USCIS Acceptance Confirmation emails.
03/02/2015
(day 7 ) - Checks cashed
03/06/2015
(day 11) - Received 3 NOA's by mail (I-485, I-131, I-765)
03/27/2015 (day 32) - NOA for Biometrics appointment. Date 04/17/2015

04/17/2015 (day 53) - Successful walk-in Biometrics
05/06/2015 (day 72) -
EAD and Advanced Parole Approved

02/02/2016 (day 343) - Received NOA about the interview appointment

03/07/2016 (day 377) - Interview

??/??/???? (day ?) - I-485 Approved

??/??/???? (day ?) - Green Card Received

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×