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how to remove condition if only separated?

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Filed: Timeline

A friend of mine needs help: she needs to separate from her husband which is cheating on her since a while ( she got proofs) she doesn`t know if is possible to remove conditions on her own if she`s only separated and what exactly she needs to do? she doesn`t know where to start, what to do.....she also doesn`t have money to pay expensive lawyers neither for divorce neither for immigration...any advice or idea you have is welcome...thank you!

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They will need to file together if they aren't divorced

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

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Filed: Timeline
They will need to file together if they aren't divorced

What about the people who filed for removal and they were not divorced yet?what if he doesn`t want to file for her? i did read some examples here but i can`t find them right now...

what does she need to do? she`s pretty desperate, she has kids and no income....i don`t know what to tell her?

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They will need to file together if they aren't divorced

What about the people who filed for removal and they were not divorced yet?what if he doesn`t want to file for her? i did read some examples here but i can`t find them right now...

what does she need to do? she`s pretty desperate, she has kids and no income....i don`t know what to tell her?

It is problematic. Has she filed for divorce? Is he willing to file removal of conditions with her? Not sure what he doesn't want her to file :blink: I would still recommend that she seek legal counsel. Many cities have legal aid that could assist her.

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

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Filed: Timeline
A friend of mine needs help: she needs to separate from her husband which is cheating on her since a while ( she got proofs) she doesn`t know if is possible to remove conditions on her own if she`s only separated and what exactly she needs to do? she doesn`t know where to start, what to do.....she also doesn`t have money to pay expensive lawyers neither for divorce neither for immigration...any advice or idea you have is welcome...thank you!

What state does this friend live in?

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Filed: Timeline
There is really noone able to help me with an advice about my friends problem? Noone has been in this situation before? :unsure:

Yes, of course there are people that have separated before, and ended marriages. The issue is normally quite simple. The alien should consult with a family law specialist to enquire of the laws concerning divorce in their area. Normally, the alien can either file for divorce imeediately so that the divorce is over prior to the deadline for submission to remove conditions, or she waits until that petition has been jointly-filed and then proceeds with the divorce. As far as I can see, if she is resident in Virginia, there may be a mandatory one-year separation prior to both a no-fault or a fault divorce being granted. So, if she is not able to get that one year of separation in and the divorce underway so that it will be final prior to the submission deadline, then she has little else but to keep her intentions private; hope that her husband will file with her, and then replace the jointly-filed petition witha waiver, once the divorce is completed. Either way you look at it, she had better either get separated right away if there is time to complete it and the divorce prior to the filing deadline, or stay put and hope that her husband will co-operate.

The alternative involves terminating the marriage for cause (adultery being the ground) and hope that she will not be placed in removal proceedings before she can get this marriage over with. She must consult an attorney to check the alws specific to her area, and remember that separation requires that one of the parties resides elsewhere (no conjugal visits).

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

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Filed: Timeline

Thank you all for answering!

Unfortunately she can`t rely on her husband for filling for her to remove condition...he already told he that she has to leave when her green card expires....she doesn`t have time to wait for divorce because in couple of months she has to apply for remove conditions....she has no income and small kids...she went to a lawyer that asked an enormous price...where she can find help with a lawyer?she can go on welfare? they help her with a place to stay? who she has to contact for that, or where to go?

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Filed: Timeline
Thank you all for answering!

Unfortunately she can`t rely on her husband for filling for her to remove condition...he already told he that she has to leave when her green card expires....she doesn`t have time to wait for divorce because in couple of months she has to apply for remove conditions....she has no income and small kids...she went to a lawyer that asked an enormous price...where she can find help with a lawyer?she can go on welfare? they help her with a place to stay? who she has to contact for that, or where to go?

Tell her to look up the local chapter of Catholic Human Charities, as they can provide her with resources for pro bono legal assistance

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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