Removing condition, while going through a painful seperation

[Felix 1 0]

Hi Guys, my 2 year GC expires in Dec 2014, when is the earliest time i can start the process of applying for my permanent green card? I am going through a seperation with my wife which will become final sometime in the middle of next year, what extra precaution do i need to take to ensure i present all facts clearly, special evidence of bonafide marriage. From the look of things, it might be a messy divorce, as she insists she cannot share custody of our baby with me. Most of my immigration documents were taken away by her when she filed false domestic violence charges in court, which was eventually thrown out.To be honest, i will struggle to retrieve the lost documents. I will appreciate your help, as i navigate this painful process.

[F & A 12]

Hi Guys, my 2 year GC expires in Dec 2014, when is the earliest time i can start the process of applying for my permanent green card? I am going through a seperation with my wife which will become final sometime in the middle of next year, what extra precaution do i need to take to ensure i present all facts clearly, special evidence of bonafide marriage. From the look of things, it might be a messy divorce, as she insists she cannot share custody of our baby with me. Most of my immigration documents were taken away by her when she filed false domestic violence charges in court, which was eventually thrown out.To be honest, i will struggle to retrieve the lost documents. I will appreciate your help, as i navigate this painful process.

You can submit your application for your permanent green card 3 months before your green card expires...

[HK12 273]

It seems like you are removing conditions on your Green Card, not adjusting your status. You may want to post your question in the "Removal of Conditions" forum, so you can get better replies.

[Boiler 43,678]

You need those documents and you will need to be divorced to remove conditions by yourself.

[F & A 12]

Hi Guys, my 2 year GC expires in Dec 2014, when is the earliest time i can start the process of applying for my permanent green card? I am going through a seperation with my wife which will become final sometime in the middle of next year, what extra precaution do i need to take to ensure i present all facts clearly, special evidence of bonafide marriage. From the look of things, it might be a messy divorce, as she insists she cannot share custody of our baby with me. Most of my immigration documents were taken away by her when she filed false domestic violence charges in court, which was eventually thrown out.To be honest, i will struggle to retrieve the lost documents. I will appreciate your help, as i navigate this painful process.

If you are filing jointly the petition to remove conditions on residence you can submit your application 90 days before your green card expires. Here is the link for the instruction... On the first page you will see a section with the title "When should I file form I-751?" You will also find a section talking about the evidence you can provide...in your case your baby's birth certificate is a strong evidence...http://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf I hope this help!

[Caryh 5,206]

As you're probably not going to be filing a joint removal of conditions, you'll check the box for the divorce waiver. And as your divorce will not be final yet, you'll still need to file in the 90 day window before the your green card expires. You should be working on gathering up all the evidence of a valid marriage during this time. A divorce attorney should be able to assist you in getting the documents she is keeping from you. Your immigration paperwork is still your immigration paperwork. Although this might be a bit futile if she's destroyed them, she could still be held accountable for the cost of replacing some of these things, ie green card, passport etc... If its gotten this ugly, its certainly time to lawyer up and let him handle the divorce while you concentrate on getting things together for the removal of conditions.

[onye uwaoma 131]

Felix make you fit try reconcile with your wife at least to relax the tension? Reach agreement that is favorable to both of you and get a less dramatic divorce? I wish you had studied her 100% to understand how to manouver her traps before things got out of hand. I would suggest you get your lawyer engaged in trying to reach a desirable agreement for you two. No matter how hard it seem, just iniate this move and follow it through... The lawyer should be able to make her understand how and why she can't get the sole custody of your child. I mean she can have the physical custody while you have a visitation right! I don't see how the court would grant all her prayers in this case and therefore, try to avoid the lengthy litigation that is looming by being proactive... Goodluck!

[Felix 1 0]

I am very thrilled at all the helpful suggestions being offered here. Yes, I have an attorney working on my case (s) and the bills are piling up. From the first domestic violence hearing (which was dismissed) to her de novo appeal of the domestic violence dismissal, to the second degree assault charge she has also brought upon me. In between her attorneys reached out to us for a settlement , promising to drop all charges, if only i can give up contesting for shared custody of my baby and paying her over $500 per month. I did not sign the agreement.

Onye uwaoma, ask me wetin cause all this yawa? She and her mama dey jazz my food, i catch them, dem come begin panic, go report to police, claiming domestic violence days ago. Its exhausting, but i have started the process of gathering evidence, but my fear is will my evidence be enough? If i have evidence of what she did, can i bring it to the interview?

[onye uwaoma 131]

Wahala no good at all at all... E don happen but next time make you use your church mind follow this kind kasala. Why them wan jazz you and you come find out na to help waka jeje on your own. Now for your situation dey pitiable but you go surely come out if you don't faint. I believe with the help of your lawyer your roc will be fine... It doesn't matter how good or bad your marriage become, what matters na whether una marry for real at the time and no fraud involve. Sorry for your palaba. I believe no matter how messy your case is at the moment, things can fit turn around for good. Relax some of these tensions and find a way to settle with your her. If she fear that you can put her into trouble, then you must have acted ahead of time to incapacitate you. So don't forget to swallow so of those bitter pills and pursue some level of peace going forward and you'll be fine after. Just a friendly suggestion. Good luck!

[Felix 1 0]

UPDATE:

We were in court this week for the second time , the fake domestic violence case was once again dismissed. Thank God. At this point do i need to inform the USCIS of my current add and status. Divorce has not been filed yet, but we live separately.

[DC85 113]

start the divorce process ASAP. I am not sure about the divorce law in your state but taking in consideration the other partner involved and she may give you hard time to sign the divorce paper, so it might take longer time to get the divorce. you will need a divorce decree later on for ROC. So, if I were you, I would have 2 lawyers , one family lawyer and one for the immigration. It's very good that the domestic violence accusation got dismissed by the judge, you will need all that paper work. Finally, since she is using domestic violence trying to get you in trouble, Now on, don't meet her alone , you never know what she might do this time! I wish you all the best and I hope things get sorted out for you

[DC85 113]

Also, I would recommend you talk to immigration lawyer to see your options! it might be useful to file ROC based on abuse , she keeps accuse you of domestic violence! because the divorce might take more than a year and if you file ROC based on divorce waiver like on December then expect uscis will send you a RFE by March asking for the divorce decree and they will give a month or 2 to send the papers back , and by that time I don't think your divorce with her will be finalized. Then, uscis might deny your ROC. So, it's good to start looking at your immigration situation more closely and consult a lawyer. I am also thinking since she is holding your immigration documents, it's already in her mind the idea to make trouble for you so you don't stay in the country so she can keep you away from your kid. So, she is doing nasty actions, and it's your time to move smartly to protect your status, and your rights.

[Felix 1 0]

You do have the right to sue your wife for support because she still is your sponsor and legally required to support you and divorce doesn't change that.

How do you go about suing for support?

They care about the legitimacy of the marriage, meaning that as long as you can prove the bona fides of your marriage and that it was entered into with good faith your ROC will be granted, even after divorce.

WHAT DO YOU NEED TO PROVE MARRIAGE LEGITIMACY?

[MUXAGIRL 69]

@Felix 1

Immigration lawyers are expensive, even more so than other lawyers,,because they KNOW people gonna pay to have immigration issues resolved ASAP. How did you find this lawyer? There are some very reputed immigration lawyers such as Murthy etc, even if you can't afford them, you can ask for their recommendation for lawyers immigration lawyers in your state.

I replied to your other post on your 'domestic violence thread' . Please see if it can be useful to you.

To prove your marriage was bonafide when you entered it, in my opinion, should be similar to proving it in the first time around to USCIS and to the US embassy when you went for the interview.

Do you have the copy of the docs you took to the embassy to prove the validity of your marriage during your immigrant visa interview? If not, then it's unlikely you can get them again.

However, the initial evidences which were submitted with the original petition which is I-130 and the supporting evidence, is still with USCIS and will forever remain there as digital copies. They photo copy everything submitted to them and keep it.

You can request USCIS to send you the PDF files of these documents by using the Freedom of Information Act. Getting the docs from them is free. Please discuss it with your lawyer.

[Ryan H 3,795]

~~Duplicate threads merged and one hijack post in another member's thread along with a reply to said post have been moved to this thread.~~