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Lisa88

Removing condition from conditional GC

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I have a few questions regarding the removal of condition from GC.

 

1) Are you required to find at least two people who will make an affidavit stating they acknowledge your marriage? Can this person be any person such as best friends, or even the US spouse's family members? Does this person have to be either a US citizen or a permanent resident holder? Can an international friend studying or working in the US, or even someone on DACA make an affidavit? 

 

2) Don't they ask for I-864, or a similar type of document proving the income of the US spouse? I know this is a requirement for AOS to get the GC for the first time. How about when you remove the condition? Looks like the instruction of I-751 doesn't mention anything about this. How about tax returns? Required to submit the latest tax return again?

 

3) What will happen if you divorce during the 2 year conditional period? I am very confused with this one. I have ALWAYS heard that you must stay married for at least 2 years to get the actual green card. But USCIS's websites and forms do say you can individually apply for I-751 if you are divorced. Assuming that the marriage was real/bona-fide and can be proven with a bunch of documents, can you apply by yourself, if your divorce was due to (1) US spouse's infidelity, or (2) finding differences between you and your spouse and simply finding out that you guys didn't mean to be? 

 

I know that you can divorce and apply by yourself if you have been abused by your US spouse, but how about other cases like above? Or even when the beneficiary cheated on the US spouse, and the divorce occurred? 

In any cases when the divorce occurred, do you have to prove that you will go through extreme hardship if you leave the US? 

 

 

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1) not required, but recommended. I was told that they need to be made by US citizens, but can be family members.

 

2) I-864 not required. You can use IRS tax return transcript.


I-129F sent: 2016-01-09

NOA1: 2016-01-15

NOA2: 2016-03-04

Received by NVC: 2016-03-31

Case # assigned: 2016-04-01

Case sent to consulate: 2016-04-05

Case ready: 2016-04-06

AOS Packet sent: 2016-10-08

AOS Packet received: 2016-10-11

AOS NOA1 x 3 (Text messages): 2016-10-14

AOS NOA1 x 3 (Hardcopy mail): 2016-10-17

Biometrics Letter: 2016-10-28

Biometrics Walk-in: 2016-10-28

I-131 and I-765 approved: 2017-01-04 (Day 85)

I-485 approved: 2017-01-19 (Day 100)

EAD/AP Combo card received: 2017-01-20

Green Card received: 2017-01-25

ROC I-751 Packet sent: 2018-10-26

ROC I-751 Packet received: 2018-10-29

ROC I-751 NOA1 (Text message): 2018-11-02

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