Removal of condition interview

[Donnyfuego 0]

Hello,

 

Currently I got a letter for an interview to remove my condition of residency for a temporary one. Whoever my wife has left the marriage with another guy. She will not want to be in the interview and I am very concern on what the next steps should I take? My lawyer mention to go on a divorce however she will not collaborate for it. In addition this June I technically will be resident for over 5 years. Which I believe I can ask for a citizenships as well?  

[DSOTM1973 52]

You need to trust your lawyer, or get someone that you could trust since you don't have any clear timeline, and your case sounds complicated enough for a generic advice. But for my understanding, You need to file for divorce ASAP, and request to switch your case to divorce waiver at the interview. Bring a proof of divorce filling to the interview or any court document that prove you filled the divorce. Otherwise, they will give you 3 months to respond with the final divorce decree, if you don't submit it, you will be denied. Other option is to switch the petition to hardship, and bring as many proof as you can; however, since your wife left you for another man while she is still married, that will be a huge red flag unless you have enough evidence.

 

To sum it up for you: 

There is no citizenship with your conditional green card until you get through your interview.

If you go to a joint interview alone and didn't switch your petition, your case will be denied on the spot

If you switch your petition to a divorce waiver and didn't have a final divorce decree by the time your RFE expires, you will be denied

If you switch to a hardship and didn't have enough evidence to back-it-up, you will be denied

 

Talk to a good lawyer, and discuss your evidence and try to come with the best strategy. Your case doesn't seem straightforward since it been pending for I assume 3 years? Plus, you should have divorced your wife once she left, but either way, FILE FOR THE DIVORCE NOW.

 

 

 

[mindthegap 2,521]

1 hour ago, Donnyfuego said:

. In addition this June I technically will be resident for over 5 years. 

When did you file your I-751?

 

Concur with the above - If she won't cooperate, then you have no choice but to file for divorce NOW, then request the existing I-751 is switched to a solo (divorce) filing. No extra filing or payment is necessary - just a letter requesting this, or do it verbally in person at interview.

You MUST have the final divorce for it to be approved though and if your final divorce doesn't come through quickly you may have some additional hurdles to jump through, all is not lost though and you remain a permanent resident throughout.

 

And yes, you can file for your N-400 once you have been a permanent resident for five years (90 day early filing is possible) but this cannot be approved until your I-751 is approved, which won't happen without the divorce being finalised. 

Edited January 21, 2020 by mindthegap

[Villanelle 4,121]

6 hours ago, Donnyfuego said:

Hello,

 

Currently I got a letter for an interview to remove my condition of residency for a temporary one. Whoever my wife has left the marriage with another guy. She will not want to be in the interview and I am very concern on what the next steps should I take? My lawyer mention to go on a divorce however she will not collaborate for it. In addition this June I technically will be resident for over 5 years. Which I believe I can ask for a citizenships as well?  

Its unusual for someone to have a 2year conditional greencard and to be going through the process of removing conditions AND also have been a LPR for 5 years. Typically those applying for both ROC and N400 (around the same time) are doing so based on 3yr marriage not 5yr residency. ... How do you have 5 yr residency and a 2yr card? 

[Donnyfuego 0]

16 hours ago, Villanelle said:

Its unusual for someone to have a 2year conditional greencard and to be going through the process of removing conditions AND also have been a LPR for 5 years. Typically those applying for both ROC and N400 (around the same time) are doing so based on 3yr marriage not 5yr residency. ... How do you have 5 yr residency and a 2yr card? 

I have the temporary green  card for 2 years 90 days before I applied for removal of condition. That processes has taken over 3 years to get an answer ( way outside of the normal timeframe) this Tuesday I have the immigration interview however my wife will not go to the interview due that we are separated however we are not divorce. 

[mindthegap 2,521]

You have received the answers & advice you seek.

It is in your interests to act...if you show up to the interview without your spouse and do not request a switch to a waiver, you will soon be the recipient of a denial letter, and than at some point in the future an NTA will arrive for a hot date with an immigration judge.

 

If it helps I have been through exactly the same, and also now in year three with my pending (second!) I-751 with a pending N-400 also based on 5 years as a LPR.  Not that common, but does happen.

Edited January 22, 2020 by mindthegap