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Remove Condition on Greencard I-751 while divorced - Without Joint bank acct and tax returns

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Filed: AOS (apr) Country: Vietnam
Timeline

Hi Everybody,

This is the 1st time I post something on a forum. My Conditional green card will expire in 08/2013. My husband wanna file for divorce even though we just married last February :( . I know I have to check the waiver in form I-751 to remove the condition of my green card next year and submit many documents to prove that our marriage is legitimate. The thing is that my husband didnt wanna open a joint bank account and file tax with me so I dont have those important documents.

We have an apartment lease with 2 names, car insurance, lots of pics and flights tickets, hotels.. (we traveled at least 5 times last year), our driver's license shows the same address, a blood test shows that I was pregnant last summer, a receipt from an abortion clinic shows that I went there but then I got a miscarriage so my husband just paid them $50 for the service (actually he wanted me to get the abortion because at that time I didnt have a job and we were not ready for the baby.). I will try to get his affidavit if he is willing.

When I applied for conditional green card last year, we didnt have any joint bank account and tax returns too so I just think that they arent big deal :whistle: . Does anybody also dont have joint bank acct and tax like me? Should I apply for I-751 right after I get divorce decree or close to the deadline which is 8/2013? Because the Notice of Action will extend my card for 1 more year so I think its better to file the form close to the deadline so I can work till 08/2014 :D if they deny my case.

05/02/2011: File I-130 and I-485

05/05/2011: Delivery confirmation to USCIS

06/02/2011: Biometrics appointment

06/23/2011: Receive Interview appointment

07/26/2011: Interview Appointment

08/24/2011: Card Production

09/01/2011: Receive my Conditional GC in the mail

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Hi Everybody,

This is the 1st time I post something on a forum. My Conditional green card will expire in 08/2013. My husband wanna file for divorce even though we just married last February :( . I know I have to check the waiver in form I-751 to remove the condition of my green card next year and submit many documents to prove that our marriage is legitimate. The thing is that my husband didnt wanna open a joint bank account and file tax with me so I dont have those important documents.

We have an apartment lease with 2 names, car insurance, lots of pics and flights tickets, hotels.. (we traveled at least 5 times last year), our driver's license shows the same address, a blood test shows that I was pregnant last summer, a receipt from an abortion clinic shows that I went there but then I got a miscarriage so my husband just paid them $50 for the service (actually he wanted me to get the abortion because at that time I didnt have a job and we were not ready for the baby.). I will try to get his affidavit if he is willing.

When I applied for conditional green card last year, we didnt have any joint bank account and tax returns too so I just think that they arent big deal :whistle: . Does anybody also dont have joint bank acct and tax like me? Should I apply for I-751 right after I get divorce decree or close to the deadline which is 8/2013? Because the Notice of Action will extend my card for 1 more year so I think its better to file the form close to the deadline so I can work till 08/2014 :D if they deny my case.

05/02/2011: File I-130 and I-485

05/05/2011: Delivery confirmation to USCIS

06/02/2011: Biometrics appointment

06/23/2011: Receive Interview appointment

07/26/2011: Interview Appointment

08/24/2011: Card Production

09/01/2011: Receive my Conditional GC in the mail

You should be ok. Gather as much evidence of your life together as you can.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: Timeline

Hi Everybody,

This is the 1st time I post something on a forum. My Conditional green card will expire in 08/2013. My husband wanna file for divorce even though we just married last February :( . I know I have to check the waiver in form I-751 to remove the condition of my green card next year and submit many documents to prove that our marriage is legitimate. The thing is that my husband didnt wanna open a joint bank account and file tax with me so I dont have those important documents.

We have an apartment lease with 2 names, car insurance, lots of pics and flights tickets, hotels.. (we traveled at least 5 times last year), our driver's license shows the same address, a blood test shows that I was pregnant last summer, a receipt from an abortion clinic shows that I went there but then I got a miscarriage so my husband just paid them $50 for the service (actually he wanted me to get the abortion because at that time I didnt have a job and we were not ready for the baby.). I will try to get his affidavit if he is willing.

When I applied for conditional green card last year, we didnt have any joint bank account and tax returns too so I just think that they arent big deal :whistle: . Does anybody also dont have joint bank acct and tax like me? Should I apply for I-751 right after I get divorce decree or close to the deadline which is 8/2013? Because the Notice of Action will extend my card for 1 more year so I think its better to file the form close to the deadline so I can work till 08/2014 :D if they deny my case.

05/02/2011: File I-130 and I-485

05/05/2011: Delivery confirmation to USCIS

06/02/2011: Biometrics appointment

06/23/2011: Receive Interview appointment

07/26/2011: Interview Appointment

08/24/2011: Card Production

09/01/2011: Receive my Conditional GC in the mail

Sorry about this. Yes, you can wait to remove the conditions until before your GC expires; you don't need to do it right after the divorce decree. You need to submit the same evidence of a "good faith" bona fide relationship, plus you have to submit a copy of your divorce decree. It sounds like you know the types of things you need to gather, so good luck with that. I think that getting affidavits from people who knew about you and the relationship would be extremely helpful in your case. Read very carefully Form I-751 for the types of evidence that USCIS wants to receive.

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Filed: AOS (apr) Country: Vietnam
Timeline

Thanks u guys. Well, actually I didnt know anything about waivers at all. We loved each other so much that I could never imagine that we would have a divorce. I was so assured that we will be together (may be not forever but at least more than 2 years :( ). But somehow life is unpredictable. After he decided to file for divorce, I was so scared that I cant keep my job so I jumped on the internet days and nites and start to learn about the waiver (I used to think that when u get a divorce, it means the end :D or u have to find an employer to sponsor u. It costs money and time-assuming so I dont think my employer is willing to do that.)

I read lots of thread on this forum and seems like everybody has joint bank acct and file tax together but they still have difficulties in getting the 10-year green card so I'm really confused and worried. Seems like those documents are really important to prove a bona fide marriage but how can u do it if ur spouse doesnt want to? I didnt wanna force him to do something he doesnt want.

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Filed: Citizen (apr) Country: Australia
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Sorry about this. Yes, you can wait to remove the conditions until before your GC expires; you don't need to do it right after the divorce decree.

While the OP doesn't "have" to file as soon as the divorce is final, she is in breach of the conditions of her GC by being divorced and subject to removal if ICE finds out. Please see this post: http://www.visajourney.com/forums/topic/359260-how-is-it-possilbe/page__view__findpost__p__5247265 which specifies what section of the INA I am referencing.

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Filed: Citizen (apr) Country: Australia
Timeline

- My Conditional green card will expire in 08/2013.

- my husband didnt wanna open a joint bank account and file tax with me so I dont have those important documents.

We have:

- apartment lease with 2 names

- car insurance

- lots of pics

- flights tickets

- hotels.. (we traveled at least 5 times last year)

- our driver's license shows the same address

- a blood test shows that I was pregnant last summer,

- a receipt from an abortion clinic shows that I went there but then I got a miscarriage so my husband just paid them $50 for the service

- I will try to get his affidavit if he is willing.

When I applied for conditional green card last year, we didnt have any joint bank account and tax returns too so I just think that they arent big deal :whistle: .

1. Does anybody also dont have joint bank acct and tax like me?

2. Should I apply for I-751 right after I get divorce decree or close to the deadline which is 8/2013?

3. Because the Notice of Action will extend my card for 1 more year so I think its better to file the form close to the deadline so I can work till 08/2014 :D if they deny my case.

09/01/2011: Receive my Conditional GC in the mail

I have sorted your post for the relevant points.

1. Those without joint accounts are given a hard time, it depends on what other evidence you have. Have you filed taxes at all while you've been here? It's weird he never wanted to file jointly when he would probably get a bigger refund.

2. Right after your divorce is final, do not wait for the deadline.

3. Yes your status IS extended, one year from the expiration of your card, not from when you filed. If you are denied you can no longer work, even with the extension letter. Your status is terminated and you will be given around 30 days to leave the country or appeal.

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Filed: Timeline

While the OP doesn't "have" to file as soon as the divorce is final, she is in breach of the conditions of her GC by being divorced and subject to removal if ICE finds out. Please see this post: http://www.visajourney.com/forums/topic/359260-how-is-it-possilbe/page__view__findpost__p__5247265 which specifies what section of the INA I am referencing.

You are correct that technically the USCIS could institute removal proceedings against her, which would result in cancellation of the GC, but they never do. And the form itself says that "2. Filing with a request that the joint filing requirement be waived. You may file this petition at any time after you are granted conditional resident status and before you are removed."

If someone were involved in removal proceedings after a divorce under the subsection you cite, most likely the immigration judge would instruct the alien to petition for a waiver of conditions and defer removal until a decision is reached. The alien could always seek that relief from the IJ before removal in any case.

It's similar to someone that doesn't adjust status until after expiration of the I-94. Technically they could be involved in removal proceedings, but they would be a waste of time and would result in the alien applying for the relief they are entitled to anyway. The difference here is that the GC is valid until an immigration judge says otherwise, which wouldn't happen until the LPR has a chance at removing conditions anyway.

Edited by grrrrreat

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Filed: AOS (apr) Country: Vietnam
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Ok I understand the point now. I thought they will extend my gc from the date I file I-751. If they extend from the expiration date on my gc then I am willing to do it right after I get the divorce decree.

I did file tax every year since Ive been in the US in 2009. My W-2 from my previous employer shows that my status is married, does it count as an evidence? He has to pay tax, not get refund tax like most people. I really dont know why he didnt wanna file jointly. All my friends are international students, should I ask them to write an affidavit? I heard that affidavits have to be written by Americans or green card holders.

I planned to send some cards, receipts we bought clothes, shoes...for each other online but then I read on a thread that says those things are unnescessary. I dont wanna overwhelm them with too much information :unsure: .

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Filed: Citizen (apr) Country: Australia
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Ok I understand the point now. I thought they will extend my gc from the date I file I-751. If they extend from the expiration date on my gc then I am willing to do it right after I get the divorce decree.

I did file tax every year since Ive been in the US in 2009. My W-2 from my previous employer shows that my status is married, does it count as an evidence? He has to pay tax, not get refund tax like most people. I really dont know why he didnt wanna file jointly. All my friends are international students, should I ask them to write an affidavit? I heard that affidavits have to be written by Americans or green card holders.

I planned to send some cards, receipts we bought clothes, shoes...for each other online but then I read on a thread that says those things are unnescessary. I dont wanna overwhelm them with too much information :unsure: .

Yes, the W2's as married would be good evidence. Also if you have a copy of his tax returns (or he's willing to get IRS transcripts for you) you could show that while you filed separately, your addresses were the same (if they were). Sometimes it is more beneficial to file separately (if he had to pay that make sense then) so that's not that huge of a deal.

If you get called for interview, or if you get an RFE you could sent the cards and receipts and things like that. I would stick to the "big stuff" for now. Affidavits can be from anyone who knows your relationship was valid.

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Filed: AOS (apr) Country: Vietnam
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I have his tax return in 2010 that shows the address that we used to live but that was when he was single so his status in the transcript is single. He is getting mad at me so I think I should give him a few more months to calm down then I would ask if he can write an affidavit and/or a 2011 tax transcripts.

I also know that I can submit the emergency list from my employer. I will submit the list from my current job and my previous job too (if I can) coz I listed him as 1 of my emergency contacts. Trying to think of stuffs to submit to make up the joint bank acct and tax returns :wacko: . Thanks Everybody!

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Filed: IR-1/CR-1 Visa Country: India
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I have his tax return in 2010 that shows the address that we used to live but that was when he was single so his status in the transcript is single. He is getting mad at me so I think I should give him a few more months to calm down then I would ask if he can write an affidavit and/or a 2011 tax transcripts.

I also know that I can submit the emergency list from my employer. I will submit the list from my current job and my previous job too (if I can) coz I listed him as 1 of my emergency contacts. Trying to think of stuffs to submit to make up the joint bank acct and tax returns wacko.gif . Thanks Everybody!

Hi,

I'm also going thru the same situation as you, and feeling helpless due to lack of proper information.

If you can share what happened in your case after you've filed your I-751, it would be a great help for me and others going thru similar situation.

Please respond as soon as you can.

Thanks.

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Filed: Citizen (apr) Country: Ecuador
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Have to close this nearly 3-year-old thread to further comments. The OP hasn't logged on to VisaJourney in almost 3 years, and the other participants haven't logged in for many months.

Mr. India, start a new topic in this forum with your own situation and details. People will be along to help you. :)

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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