removal of the conditonal gc by myself

[krzysztof 1]

Hello

My name is Chris

Just wanted to see what do You think about my situation and next steps.

I'm from Poland my wife is an US citizen.

we got married in may 2012 my conditional gc was approved on JAN 30 2013 without any problems or delays.

This is where the problem starts: My wife is pregnant (she is due on jun 16th) but she just dropped the bomb that the baby is NOT mine.. I'm completely shocked nothing indicated this.. leaving all the drama that it is behind I'd like to divorce. She knows who the father is and she is starting to talk about leaving me for him. She said that she will help me with the immigration process and all but damn this is such a nightmare. We have a lot of documents together ( I even got life insurance with her as a beneficiary, also I've payed for the whole pregnancy check ups and the birth :/ Uscis knows about pregnancy too I was so happy to tell everyone about it..

what do you think about my chances to do the waiver of the two year rule? I already asked one immigration lawyer and he said that the chances are big but You never know. what's the process?

thank You Chris

[Gosia & Tito 199]

Hello

My name is Chris

Just wanted to see what do You think about my situation and next steps.

I'm from Poland my wife is an US citizen.

we got married in may 2012 my conditional gc was approved on JAN 30 2013 without any problems or delays.

This is where the problem starts: My wife is pregnant (she is due on jun 16th) but she just dropped the bomb that the baby is NOT mine.. I'm completely shocked nothing indicated this.. leaving all the drama that it is behind I'd like to divorce. She knows who the father is and she is starting to talk about leaving me for him. She said that she will help me with the immigration process and all but damn this is such a nightmare. We have a lot of documents together ( I even got life insurance with her as a beneficiary, also I've payed for the whole pregnancy check ups and the birth :/ Uscis knows about pregnancy too I was so happy to tell everyone about it..

what do you think about my chances to do the waiver of the two year rule? I already asked one immigration lawyer and he said that the chances are big but You never know. what's the process?

thank You Chris

Sorry about the situation.

Anything other than filing a waiver or return to Poland, the other alternative is fraud and can come bite you back at a later time.

No one can guarantee what would USCIS decide but it does seem like you are bona fide in the marriage. I'd make sure conclusively that baby is not yours. Outside of clear timing (the timeline of the marriage and pregnancy does not allow to rule out), the only way might be a DNA test for paternity, which might need to wait until birth.

Also, depending on what state you are, there might be a waiting period before a divorce is granted.

[newacct 688]

Just go through with the divorce. Once you are divorced, you can file for Removal of Conditions by yourself.

[BigDaddy28 228]

Hello

My name is Chris

Just wanted to see what do You think about my situation and next steps.

I'm from Poland my wife is an US citizen.

we got married in may 2012 my conditional gc was approved on JAN 30 2013 without any problems or delays.

This is where the problem starts: My wife is pregnant (she is due on jun 16th) but she just dropped the bomb that the baby is NOT mine.. I'm completely shocked nothing indicated this.. leaving all the drama that it is behind I'd like to divorce. She knows who the father is and she is starting to talk about leaving me for him. She said that she will help me with the immigration process and all but damn this is such a nightmare. We have a lot of documents together ( I even got life insurance with her as a beneficiary, also I've payed for the whole pregnancy check ups and the birth :/ Uscis knows about pregnancy too I was so happy to tell everyone about it..

what do you think about my chances to do the waiver of the two year rule? I already asked one immigration lawyer and he said that the chances are big but You never know. what's the process?

thank You Chris

As the other guy said if you are a 100 percent sure that the baby said go ahead and do a divorce if not and want to make sure the baby is yours it's up to you. If you divorce now: tell her to sign you an affidavit that the marriage was bonafide and was not for immigration purposes. Gather every evidence you have to show that you were together and that your marriage is real (bills, lease, insurances...) after the divorce send your file to USCIS, if you want to have a lawyer again it's up to you. But there is nothing scary in your situation. Good luck.

[bigdog 376]

Just go through with the divorce. Once you are divorced, you can file for Removal of Conditions by yourself.

:thumbs:Just get all the documentation you can to show valid marriage on your behalf for your filing. Sorry to hear this news.

[Tygrys 143]

Hello

My name is Chris

Just wanted to see what do You think about my situation and next steps.

I'm from Poland my wife is an US citizen.

we got married in may 2012 my conditional gc was approved on JAN 30 2013 without any problems or delays.

This is where the problem starts: My wife is pregnant (she is due on jun 16th) but she just dropped the bomb that the baby is NOT mine.. I'm completely shocked nothing indicated this.. leaving all the drama that it is behind I'd like to divorce. She knows who the father is and she is starting to talk about leaving me for him. She said that she will help me with the immigration process and all but damn this is such a nightmare. We have a lot of documents together ( I even got life insurance with her as a beneficiary, also I've payed for the whole pregnancy check ups and the birth :/ Uscis knows about pregnancy too I was so happy to tell everyone about it..

what do you think about my chances to do the waiver of the two year rule? I already asked one immigration lawyer and he said that the chances are big but You never know. what's the process?

thank You Chris

You should not worry about immigration side of your problem at this time. You won't be eligible to file for removal of conditions until either October 2014 (if still married) or after your divorce is final. Right now you really need to consult with a divorce/family law attorney.

[krzysztof 1]

thanks for all the reply's. Yes I need to contact a divorce attorney too. Anyone knows how the waiver of the two year condition process looks? thank You

[Tygrys 143]

thanks for all the reply's. Yes I need to contact a divorce attorney too. Anyone knows how the waiver of the two year condition process looks? thank You

You check box "d" in part 2 of I-751 form requesting waiver.

You should include a copy of your divorce decree and any documentation you have to show that you entered the marriage in good faith.

Edited April 10, 2013 by Tygrys

[Pitaya 2,577]

:thumbs:Just get all the documentation you can to show valid marriage on your behalf for your filing. Sorry to hear this news.

[krzysztof 1]

hey maybe anyone else has any advice?

thank you all!!

[Shelly11 14]

I filled a divorce waiver in May 2012. I got an RFE in Dec 2012. My interview is scheduled for next week. I'll keep you guyz update on my situation

I'd say, talk to her and see what you guyz come up with. Looks like she feels guilty enough to still want to help you with your case. Take advantage of that.

Follow your instinct

[vegano 5]

Hi Shelly, just curious about your situation, how was the interview?