Removing Conditions(where do i stand)

[liam4lisa 0]

I have a few questions! I am currently still married to my wife, we are seperated but not legally we are just not living together at the moment. We plan on hopefully getting back together in the future, but we are not sure if we will be back togehter by the time i need to apply to remove condtions. Can my wife still co-sign even if we are not living together? Does it make a difference that we are not legally seperated but just living apart?

Thanks in advance!

[YuAndDan 153]

Yes she can still file jointly, in fact you need to file jointly, to waive the joint filing requirement you need to be divorced.

Filing if the Couple is Separated

More troublesome is if the couple is still married, but separated or otherwise not getting along. With limited exception, as long as the couple is legally married, it is necessary to have a joint petition. Thus, troubled marriages often need either to be reconciled or terminated in order to file the I-751. As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however.

Joint-Filing Waived in Limited Cases

There are two situations in which a person who is still legally married can file the I-751 without the spouse. The first is if the person entered into a marriage in good faith, but has been battered or subjected to extreme cruelty by the petitioning spouse. The second is if termination of permanent resident status and removal from the U.S. would result in extreme hardship to the foreign national. Extreme hardship is a high standard and can be based only upon conditions that arose after the conditional residency was acquired.

http://www.murthy.com/news/n_remcon.html

[diadromous mermaid 36]

I have a few questions! I am currently still married to my wife, we are seperated but not legally we are just not living together at the moment. We plan on hopefully getting back together in the future, but we are not sure if we will be back togehter by the time i need to apply to remove condtions. Can my wife still co-sign even if we are not living together? Does it make a difference that we are not legally seperated but just living apart?

Thanks in advance!

Living separately does not preclude a jointly-filed I-751 except in such states where a separation leads automatically to divorce. That said, did either of you file a change of address when whichever party moved away?

[liam4lisa 0]

Yes! I filed for a change of address and also i think my wife did too? Does this make a difference?

Yes she can still file jointly, in fact you need to file jointly, to waive the joint filing requirement you need to be divorced.

Filing if the Couple is Separated

More troublesome is if the couple is still married, but separated or otherwise not getting along. With limited exception, as long as the couple is legally married, it is necessary to have a joint petition. Thus, troubled marriages often need either to be reconciled or terminated in order to file the I-751. As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however.

Joint-Filing Waived in Limited Cases

There are two situations in which a person who is still legally married can file the I-751 without the spouse. The first is if the person entered into a marriage in good faith, but has been battered or subjected to extreme cruelty by the petitioning spouse. The second is if termination of permanent resident status and removal from the U.S. would result in extreme hardship to the foreign national. Extreme hardship is a high standard and can be based only upon conditions that arose after the conditional residency was acquired.

http://www.murthy.com/news/n_remcon.html

[diadromous mermaid 36]

Yes! I filed for a change of address and also i think my wife did too? Does this make a difference?

Yes she can still file jointly, in fact you need to file jointly, to waive the joint filing requirement you need to be divorced.

Filing if the Couple is Separated

More troublesome is if the couple is still married, but separated or otherwise not getting along. With limited exception, as long as the couple is legally married, it is necessary to have a joint petition. Thus, troubled marriages often need either to be reconciled or terminated in order to file the I-751. As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however.

Joint-Filing Waived in Limited Cases

There are two situations in which a person who is still legally married can file the I-751 without the spouse. The first is if the person entered into a marriage in good faith, but has been battered or subjected to extreme cruelty by the petitioning spouse. The second is if termination of permanent resident status and removal from the U.S. would result in extreme hardship to the foreign national. Extreme hardship is a high standard and can be based only upon conditions that arose after the conditional residency was acquired.

http://www.murthy.com/news/n_remcon.html

Frankly, the exact process to follow to secure a waiver for couples that face divorce shortly before removing conditions is a relatively new phenomena. Before the conditional nature of the green card was implemented, this wasn't a situation at all. However, one recommendation that I always like to remind people of is that a jointly-filed I-751 is attestation by the couple that the marriage is/was bona fide. It is not necessarily an attestation that the marriage is still viable, sustaining, or likely to sustain, for that matter. That being said, it is best to be forthright and having placed USCIS on notice that you reside in different homes, makes it clear that you are not putting up a front as it were.

[liam4lisa 0]

Do I need to notify the USCIS that my current address has changed? Can anybody provide the telephone # or address? I am living in California

[LaL 418]

Do I need to notify the USCIS that my current address has changed? Can anybody provide the telephone # or address? I am living in California

you can change your address online.

https://egov.uscis.gov/crisgwi/go?action=coa

[diadromous mermaid 36]

Do I need to notify the USCIS that my current address has changed? Can anybody provide the telephone # or address? I am living in California

you can change your address online.

https://egov.uscis.gov/crisgwi/go?action=coa

There are distinct ways to officially place USCIS on notice of an address change, which varies with respect to the circumstances. Full explanation can be found here:

http

://www.uscis.gov/portal/site/uscis/men...0045f3d6a1RCRD

[LaL 418]

Do I need to notify the USCIS that my current address has changed? Can anybody provide the telephone # or address? I am living in California

you can change your address online.

https://egov.uscis.gov/crisgwi/go?action=coa

There are distinct ways to officially place USCIS on notice of an address change, which varies with respect to the circumstances. Full explanation can be found here:

http

://www.uscis.gov/portal/site/uscis/men...0045f3d6a1RCRD

thank you DM!!

[firstbenjamin 0]

I have a few questions! I am currently still married to my wife, we are seperated but not legally we are just not living together at the moment. We plan on hopefully getting back together in the future, but we are not sure if we will be back togehter by the time i need to apply to remove condtions. Can my wife still co-sign even if we are not living together? Does it make a difference that we are not legally seperated but just living apart?

Thanks in advance!

I'm going thru a similar situation because our marriage isnt working. What I did was that I filled out the form I-751 and kept it, I waited patiently for one of those days when we got along and had her sign it with me. That was about 6 months ago and I'm waiting for next month to come so I can send it in. That is still joint filing, aint it?

[liam4lisa 0]

Thanks for the Info guys!! I am currently a Conditional Permanent Resident so I don't have any cases pending right? I just need to renew my status my my Conditions expires. Does my Wife also have to fill out a form to change her address?

Any help would be much appreciated.

Thanks!

Liam