Removal of Condition problem

[jaycali 415]

Should I call the congressman office to have him get deported? Please help me with this issue. Thanks a lot........................

Unless you have evidence to suggest that he used you only to get immigration benefits, you won't "get him deported." he can file for removal of conditions without your signature, as long as he can show that the marriage was entered into in good faith.

Unless he used you, focus on the divorce. His immigration status is now out of your hands.

is it possible to remove conditions from GC without a spouse? I don't think so....

Yes it is. It's called an I-751 waiver. The joint signature requirement for removal of conditions can be waived for either abuse or divorce. This is place in part to prevent abusive USC spouses or bitter USC exes from pulling the "Do as I say or I'll have you deported" card.

Edited December 1, 2012 by Jay Jay

[Brother Hesekiel 2,235]

If you don't want to help him with RoC, don't sign the I-751;l let him file alone with a waiver. If you want to make his life harder, do NOT divorce him just yet as the divorce has to be final in order to adjudicate the petition.

Understand that the Affidavit of Support stays valid even if you guys divorce.

[samy + janet aly 8]

Hello Vjers: I have a question. My husband's conditional green card will expire in February and I want to end the marriage because I don't want to help him with the removal of conditon application. I married him in Nigeria in 2009 and I have asked for the divorce paper when he visited Nigeria but he did not bring it to America. He wants to get the divorce paper from an American court. I did not register my marriage in America, do we have to get the divorce letter from the American court or the Nigerian court. How hard or easy is it to get the final divorce in Nigeria, does anyone know about this? If I get the divorce decree from Nigeria will he still be able to remove the conditions without me? I don't want the marriage anymore because he did not turn out the way I thought he would. Should I call the congressman office to have him get deported? Please help me with this issue. Thanks a lot........................

You both have to apply to have the conditions removed from his greencard. i have been told that both spouses have to apply for the removal of conditions before the 2 year greencard expires.

check this out....

http://www.uscis.gov/files/form/i-751instr.pdf

[TBoneTX 43,014]

You both have to apply to have the conditions removed from his greencard. i have been told that both spouses have to apply for the removal of conditions before the 2 year greencard expires.

Did you read the preceding posts in this thread?

[samy + janet aly 8]

http://www.uscis.gov/files/form/i-751instr.pdf

page 2 of I-751 instructions,

in order for him to file a waiver on joint filing for removal of conditions, they have to be divorced and he has to show divorce decree with the waiver if he want to remove conditions on his own. otherwise they have to file for removal of conditions, together, 90 days before the expiring date of the 2 year greencard. past the 90 days...and no filing then he is looking at being removed from the usa unless he can prove otherwise.

so unless he can show a death certificate of USA citizen spouse, divorce decree of divorce from US spouse or show he has been battered by US spouse he can sign waiver of joint filing to remove conditions on his own.

so none of the above for him to show then it is a joint filed. all she has to do is not sign and let the 90 days pass for joint filing of removal of conditions and he can be sent back once his greencard expires.

so tell me what i am missing here?

[VanessaTony 3,567]

http://www.uscis.gov/files/form/i-751instr.pdf

page 2 of I-751 instructions,

in order for him to file a waiver on joint filing for removal of conditions, they have to be divorced and he has to show divorce decree with the waiver if he want to remove conditions on his own. otherwise they have to file for removal of conditions, together, 90 days before the expiring date of the 2 year greencard. past the 90 days...and no filing then he is looking at being removed from the usa unless he can prove otherwise.

so unless he can show a death certificate of USA citizen spouse, divorce decree of divorce from US spouse or show he has been battered by US spouse he can sign waiver of joint filing to remove conditions on his own.

so none of the above for him to show then it is a joint filed. all she has to do is not sign and let the 90 days pass for joint filing of removal of conditions and he can be sent back once his greencard expires.

so tell me what i am missing here?

He files for the divorce waiver without attaching the decree.

His ROC will be accepted (he will receive the NOA1 extending his status) and later he will be RFE'd for the decree.

If it isn't received in time they will deny and he will go before an immigration judge.

The judge will order that the ROC be put on hold until the divorce is final, and the decree available.

In the meantime, his GC is still valid, he can continue getting stamps to prove his status.

Once the decree is received he sends a copy to USCIS and his ROC will be processed. If he has enough evidence to prove relationship, it will be approved. If not, it will be denied.

The USC stalling the divorce in order to "punish" the immigrant and try and cause issues for their status is the reason this is what occurs. it is a kind of abuse to use their status against them.

Divorce and move on unless you have EVIDENCE of fraud.

Edited December 1, 2012 by Vanessa&Tony

[jaycali 415]

He files for the divorce waiver without attaching the decree. His ROC will be accepted (he will receive the NOA1 extending his status) and later he will be RFE'd for the decree. If it isn't received in time they will deny and he will go before an immigration judge. The judge will order that the ROC be put on hold until the divorce is final, and the decree available. In the meantime, his GC is still valid, he can continue getting stamps to prove his status.Once the decree is received he sends a copy to USCIS and his ROC will be processed. If he has enough evidence to prove relationship, it will be approved. If not, it will be denied.The USC stalling the divorce in order to "punish" the immigrant and try and cause issues for their status is the reason this is what occurs. it is a kind of abuse to use their status against them.Divorce and move on unless you have EVIDENCE of fraud.

Amen. Refusing to sign the divorce papers will only prolong the process for him. Unless there is evidence of fraud, it won't make any difference to his legal status.

This system is in place to protect non-USCs from abusive spouses or bitter exes. You petitioned for him and brought him to the US. The fact that he didn't turn out to be the husband you wanted is a good reason for divorce, but no ground for his deportation. Get a divorce and move on with your life.

If you want to make his life hard, listen to Brother Hesekiel - Your I-864 is still valid and is not terminated by divorce. You will still be financially responsible for him, should he receive any means tested public benefits. You will both be better off treating this for what it is - a failed marriage, and not an immigration matter.

Edited December 1, 2012 by Jay Jay

[ceadsearc 515]

THERE'S NO PROBLEM THAT CANT BE FIX. YOU GUYS JUST NEED TO SORT THINGS OUT OR GO SEE A MARRIAGE COUNSELOR

False. You've obviously never been in an abusive, fraudulent, or otherwise dead-end relationship. Also, she didn't ask for advice on her marriage.

OP, he can remove conditions without you. If you have strong proof he married you for a green card, by all means inform USCIS. If it just didn't work out, cut your losses and move on. Sure, you can delay things by drawing out the divorce but unless you have strong proof of fraud, all it is going to do is waste your time and his.