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AndromedaGalaxy

Removing Conditions on Residency and Bad Marriage

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Here is my situation.

I am the petitioner. My spouse came to US and we got married. We had an interview and my spouse got conditional 2-year green card. The green card is going to expire in November and I know conditions need to be removed within 90 days. However, our relationship is really bad, I haven't lived with him for a year, but I officially I moved out of the apartment last week (August). We don't have a joint checking account (we closed it because I didn't want problems due to his careless spending). We do have a vehicle (the title is in both of our names) and we have photos. I don't know if I will file for a divorce but I know that I won't live with my spouse, at least right now. My spouse is irresponsible and I doubt that he will file the I-751 (although he's the one who needs the conditions removed from his green card). I don't know what exactly I am responsible for, and what I should do in this situation.

I appreciate the feedback on this issue.

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Immigration wise what you agreed to in the I 864.

Otherwise joint debts etc would be a State law issue.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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He has a job, so if I understand correctly from the I-864 instructions, I am not obligated to conditions in I-864. I want to know if I am supposed to be the one filing the form or he is? What will happen if we don't file the I-864 and his green card expires? I am going to be responsible for anything? Basically, what are my steps and what would be best in this situation?

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Edited by AndromedaGalaxy

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I 864 obligation will continue, him having a job is not relevant, him working 40 quarters would be.

His status his problem.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I 864 obligation will continue, him having a job is not relevant, him working 40 quarters would be.

His status his problem.

Curiosity to know...how long is working 40 quarters equivalent to as in terms of years? Is it 4 quarters equal to 1 year of employment? So would it means 10 years of continuous working?

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In most cases yes.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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there's not a new I-864 presented on a RoC case.

for a RoC Case, it's either JOINT or DIVORCED or [uSA Spouse Deceased[/b]

I assume you won't sign your name on the joint paperwork, and he's not divorced yet, and ya, yer not dead, so

it's up to you what goes forth.

If he's divorced from you, he's got a shot at filing the RoC on his own. Did he disappear into his ethnic group in your locale? Usually 'advice' is given about this immigration stuff inside of that group, if'n he pays attention for more than 4 minutes - be very very wary until after the time to file has expired.

If you are leaning towards divorce, you might want to notify the local USCIS office at the dropbox:

1. you'll write a letter of attestation about what you wrote here about him, giving a deeper level of detail.

2. you'll write a letter of attestation clearly giving notice that you intend to divorce from him.

in each letter, include his biodata and alien registration number and your biodata and SSN. Why do this? The bullet you wish to dodge, is that he forges your signature and uses a different address - you'll never see receipt notices but it buys him another year in the USA, minimum, before he has to attend an interview - and if the casefile is 'stellar', well there's no interview for the 10 year card.

That's it, that's all I can think of, at the moment.

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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