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SlImShay

Removal of conditions with US Citizen Spouse

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Hi all,

I received a conditional green card based on marriage to US citizen in Feb/2019 and I will have to apply for removal of conditions at the end of the year 2020. Unfortunately , my US citizen spouse had a massive stroke in Jan/2020 and became handicapped , then her power of attorney(mother and sister) started making decision on her behalf, took my list off the list of the contacts at the rehab and stated that my spouse won't come back home to me. my wife and I have a house together that we are still making payments on and 2 cars .Now I'm running out of time and confused about how I should approach my case. One attorney told me that I can file as separated while another asked me to file for divorce immediately.

Please help! I would appreciate any piece of advice.

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I’m just wondering why they would have power of attorney... spouse usually over rides other family members in medical situations, unless POA was formally given prior to your wife having the stoke.. and if done prior to your marriage, you can always contest based on being married. 

 

i would see a different lawyer.. 

 

with ref to ROC.. are you wanting to divorce or file seperately is the question?

 

If you believe your still very much married and want to remain that way etc.. then there will be a way to processed, given your spouses current medical condition.. not sure what way, but I’m sure there is, perhaps call USCIS and explain the situation to determine those options. 

 

If you want the relationship to end, then follow instructions from either of the lawyers you mentioned 

Edited by Duke & Marie

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* Only addressing the immigration side of stuff here...obviously there's other issues here *

There is no option to file an I-751 separately. You either file jointly or you file with a waiver. The relevant waiver here is the divorce waiver.

You don't need to be divorced at the time of filing w/ the divorce waiver, but they will RFE you for it if you do not provide the final divorce decree when you file.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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4 minutes ago, geowrian said:

* Only addressing the immigration side of stuff here...obviously there's other issues here *

There is no option to file an I-751 separately. You either file jointly or you file with a waiver. The relevant waiver here is the divorce waiver.

You don't need to be divorced at the time of filing w/ the divorce waiver, but they will RFE you for it if you do not provide the final divorce decree when you file.

Definately two different problems.. 

 

OP needs to decide if they want to remain married or not before considering moving forward with ROC


IR1 Journey

  • Married 14 April 2018
  • I130 Package Sent 30 Sept 2018
  • NOA1 PD 5 Oct 2018 (Nebraska) 
  • NOA2 30 September 2019 🙌🙌🙌🙌🙌
  • Sent to NVC 10 October 2019
  • AOS/IV Package Submitted 15 November 2019 
  • NVC Review Error 11 Jan Resulted in 9 week processing delay
  • Expidite Request Declined 😢11 March 2020
  • Lockdown in NOLA with Virus 23 March 2020
  • NVC DQ 4/25 pending being sent to Sydney for Interview
  • Sydney Closed... Australia on Lockdown due to Covid 19
  • IR1 interview scheduled 10/14/2020.. I cancelled due to pending AOS in country

 

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
  • Case under review 2 April 2021

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32 minutes ago, Duke & Marie said:

I’m just wondering why they would have power of attorney... spouse usually over rides other family members in medical situations, unless POA was formally given prior to your wife having the stoke.. and if done prior to your marriage, you can always contest based on being married. 

 

i would see a different lawyer.. 

 

with ref to ROC.. are you wanting to divorce or file seperately is the question?

 

If you believe your still very much married and want to remain that way etc.. then there will be a way to processed, given your spouses current medical condition.. not sure what way, but I’m sure there is, perhaps call USCIS and explain the situation to determine those options. 

 

If you want the relationship to end, then follow instructions from either of the lawyers you mentioned 

Thanks for replying.

I don't think I can contest POA because when It comes down to my wife she would prefer  them to be her POA. They have been controlling our life for such a long time. 

My wife and I would rather still be married. However, I don't think they would sign any paperwork or let my wife sign any paperwork for me

Edited by SlImShay

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37 minutes ago, SlImShay said:

Thanks for replying.

I don't think I can contest POA because when It comes down to my wife she would prefer  them to be her POA. They have been controlling our life for such a long time. 

My wife and I would rather still be married. However, I don't think they would sign any paperwork or let my wife sign any paperwork for me

Then I’d contact USCIS or a different immigration lawyer to see if there is a way to ROC, whilst married, without the help of POA delegates based on medical condition that occurred post conditional card being issued..

 

and then contact a non immigration lawyer too see, what your rights are with regard to your wife / marriage given they have POW.. I mean, can they force a divorce? Crazy.. obviously they have issues that need to be resolved if they aren’t assisting y’all in maintaining the relationship and are as controlling as you say... it is after all another form of domestic abuse if they want to exclude you from your marriage 

Edited by Duke & Marie

IR1 Journey

  • Married 14 April 2018
  • I130 Package Sent 30 Sept 2018
  • NOA1 PD 5 Oct 2018 (Nebraska) 
  • NOA2 30 September 2019 🙌🙌🙌🙌🙌
  • Sent to NVC 10 October 2019
  • AOS/IV Package Submitted 15 November 2019 
  • NVC Review Error 11 Jan Resulted in 9 week processing delay
  • Expidite Request Declined 😢11 March 2020
  • Lockdown in NOLA with Virus 23 March 2020
  • NVC DQ 4/25 pending being sent to Sydney for Interview
  • Sydney Closed... Australia on Lockdown due to Covid 19
  • IR1 interview scheduled 10/14/2020.. I cancelled due to pending AOS in country

 

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
  • Case under review 2 April 2021

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