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pmarshall

Removing conditions - Break up

By pmarshall in Removing Conditions on Residency General Discussion

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pmarshall Collaborator

pmarshall   9

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

Hi all,

I need an question answered I entered the US in on a finance visa and got married in the specified 90 days I have now a 2 year green card up for renewal in august this year.

Me and my wife are going through a bad time and may have to separate in the near future. What are my options as we have a 18 month old son and I dont want to have to move away from him. I also have a business here thats 6 months old.

Thank you

EM_Vandaveer Experienced

EM_Vandaveer   2,408

Posted
Filed: Citizen (apr) Country: Hungary
 Timeline
Posted (edited)

You can file a divorce waiver I-751 (checkbox on form), as long as you can prove bona fide marriage (co-habitation and financial co-mingling while the marriage lasted), your ROC will still be approved.

If your divorce is final before your 90-day window for filing opens, you can file anyway.

If your divorce is not final when the 90-day window opens, file your divorce waiver I-751 and you'll be RFEd for the divorce decree.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

EM_Vandaveer Experienced

EM_Vandaveer   2,408

Posted
Filed: Citizen (apr) Country: Hungary
 Timeline
Posted

Then I'm not sure what your question was about. If you separate, but do not divorce, you can still file I-751 jointly as long as you make it clear in a cover letter that you are living separately.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

pmarshall Collaborator

pmarshall   9

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted

Then I'm not sure what your question was about. If you separate, but do not divorce, you can still file I-751 jointly as long as you make it clear in a cover letter that you are living separately.

Thats pretty much all I needed to know thank you

 
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