help

[robhinio 0]

hi guys i have two year conditional green card my due date to remove conditions is in first week of July now the problem is me and my wife are separated.

she wants divorce i love her so much and want to be with her but she does not love me anymore.we did not even file tax together this year as she wanted to file with her parents not with me.so my questions is will i be able to remove conditions on my own and should i file it now since i am going to file alone i dont need to wait till July and secondly what proofs do i need to show that marriage was real should s i file it myself or hire an attorney.

any suggestion would be highly appreciated.thank you very much.

[katiemanny 64]

Yes you can remove condition on your own, as long as you entered the marriage in good faith and no lawyer needed, if you have solid proof that you entered the marriage in good faith. You need to be divorced to file without your wife or you will receive a RFE asking for the divorce decree.

evidence may be joint lease, joint insurance, auto or life, joint tax return transcript, joint utility bills, evidence of trips taken together during your 2 years together, joint bank account, credit card, copy of driver's license showing common address, copy of birth certificate of child born to the marriage, etc...

Edited May 11, 2011 by katiemanny

[robhinio 0]

thank you very much katimanny .i just have utility bills and joint lease from the last four months and year 2010 joint tax return this year she didnt file with she wanted to do wither her parents.i hope its gonna work .

[rika60607 215]

More importantly,

if you are filing alone, you will need to be divorced before your I-751 can be approved.

So, if you did not file for divorce yet, it is in your interest to file I-751 as late as possible (but still within 90 day window).

thank you very much katimanny .i just have utility bills and joint lease from the last four months and year 2010 joint tax return this year she didnt file with she wanted to do wither her parents.i hope its gonna work .

And please read I751 filing instructions!

Edited May 12, 2011 by rika60607

[robhinio 0]

Thanks very much rika but is it possible to file together even we did not file taxes this year together in case if she agrees to file jointly to remove my conditions.can we still do that?