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rickypaz311

Removal of Conditions after separation (no divorce yet)

By rickypaz311 in Removing Conditions on Residency General Discussion

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rickypaz311 Apprentice

rickypaz311   0

Posted
Filed: AOS (apr) Country: Ecuador
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Me and my wife separated 6 months ago. We haven't done any paperwork to start the divorce. My green card expires on August this year. I understand that I should apply for the removal of conditions 90 days before August. My question is, what will happen at the moment of the interview? The only reason we haven't gotten a divorce yet is because we are giving ourselves time to see if we can work things out between us. Please let me know what is one to do in situations like these. Thank you!

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mittr Newbie

mittr   0

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

Me and my wife separated 6 months ago. We haven't done any paperwork to start the divorce. My green card expires on August this year. I understand that I should apply for the removal of conditions 90 days before August. My question is, what will happen at the moment of the interview? The only reason we haven't gotten a divorce yet is because we are giving ourselves time to see if we can work things out between us. Please let me know what is one to do in situations like these. Thank you!

You should get a divorce and apply i-751 waiver on good faith marriage.

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hellomms Enthusiast

hellomms   16

Posted
Filed: Citizen (apr) Country: Pakistan
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Posted (edited)

You should get a divorce and apply i-751 waiver on good faith marriage.

Beg to differ from this suggestion.

You should do whatever you need to straighten out your marriage may that be getting back together or divorce, and this decision should NOT be based on ROC approach. If your card expires in August you have a few months before your window to apply opens, and hopefully by that time you and your wife can sort out the marriage - till then work on figuring out the solution to your marriage :)

Good luck

Edited by M + M
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CanadiaGirl Enthusiast

CanadiaGirl   10

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Filed: IR-1/CR-1 Visa Country: Canada
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Beg to differ from this suggestion.

You should do whatever you need to straighten out your marriage may that be getting back together or divorce, and this decision should NOT be based on ROC approach. If your card expires in August you have a few months before your window to apply opens, and hopefully by that time you and your wife can sort out the marriage - till then work on figuring out the solution to your marriage :)

Good luck

:thumbs:

04/18/2009: When two became one

USCIS

03/04/2010: Submitted I-130

06/29/2010: NOA2

NVC

09/02/2010: 1-864 & IV Paid

10/16/2010: 1-864 delivered to NVC

10/27/2010: IV Package delivered to NVC

11/18/2010: AVR "Case Complete" at the NVC

02/14/2011: Medical

02/23/2011: Interview APPROVED!!!!

03/04/2011: Visa Recieved

03/04/2011: POE: Lewiston Bridge, Buffalo, NY

ROC

01/12/2013: I-751 Packet Submitted

01/14/2013: I-751 Packet Received (via certified mail)

01/18/2013: NOA1 Letter Received

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HighMaintenance Explorer

HighMaintenance   1

Posted
Filed: AOS (apr) Country: Germany
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Posted

If you are filing jointly but live separately they may not approve your ROC until a final decision is made. I would try to decide for one or the other. If you can't make it work, then you need to divorce and file by yourself. They will certainly ask why you live separately and it's ok to say that you do but like I said they may wait with their decision until you two make one.

My timeline:

1997 -------- first time to USA - B2 ("California Dreamin")

1998 -------- Student - F2

2001 -------- Internship - OPT ("Howdy")

2002 -------- First job in USA - H1-B

2008 -------- change to E-2 visa via company

2010/Aug ---- Marriage to USC

2010/Sep ---- honeymoon Costa Rica

2010/Oct ---- Assembly of package (I-130, I-485, I-131, I-765)

2010/Oct/27 - DAY 01 - package arrived in Chicago ($58 FedEx Overnight charge)

2010/Nov/1 -- DAY 6 - NOA via Text and Email + checks cashed by USCIS

2010/Nov/5 -- Day 10 - NOA hard copies arrived

2010/Nov/6 -- DAY 11 - Biometrics appointment notice arrived

2010/Nov/23 - DAY 28 - Biometrics Appointment in Fort Worth, TX

2011/Jan/3 -- DAY 69 - YESSS - Interview Notice received in mail - Interview set for Feb 4, 2011

2011/Jan/8 -- DAY 74 - AP arrived in mail. 2 copies.

2011/Jan/13-- DAY 79 - EAD card in mail.

2011/Feb/4 -- DAY 101 - Interview Day - office closed due to snow/ice in Texas.

2011/Mar/10 -- DAY 135 - rescheduled Interview Day. No official approval communicated, but told that card will arrive in 2-3 weeks.

2011/Mar/29 -- DAY 154 - Scheduled Infopass appointment for Friday 4/1

2011/April/1 - DAY 157 - Infopass App in Irving, TX - was told that a decision has not yet been made about my case

2011/April/14 - DAY 170 - 30 days since my interview: Called USCIS - was told wait a 30 more days.

2011/April/25 - DAY 181 - Green Card arrived.

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