thedora

I'm not sure how to react to your atorney's suggestion that removing conditions with a waiver is a tough process. Perhaps there's something to do with the length of the marriage that is creating this sense. Typically, if you have eveidence of a bona fide marriage, which it appears you do, then the waiver process is not all that complicated. I notice that your tax return evidence is dated 2005. How long after receiving your conditional green card did the marriage terminate in divorce?

Thank you so much for your response..

I have been married little over 2 years now and its been 1 year now from my conditional green card. but the divorce is not started yet. (process is not initiated) despite all the attempts to make thing work it seems inevitable. so im taking precautionary messures, its always good to know little in advance if i have to start packing

thanks again.

I wonder how to file a waiver? I had CGC but my husband and i got divorce.. As you said i dont need to wait for my CGC 90 days to expires before i apply my I-751, I have my divorce decree now and I really dont know where to start, my CGC expires on 2008... I dont have much my evidence because we been living separate house lately and we do not have bank accounts or my name in his house. I dont know if i have a chance to be approve by removing my condition alone .

Ah, so in approximately 9 months you should be removing the conditions? You should be aware that you will need a final divorce decree in order to file the waiver (and can file the waiver as soon as you have the decree, even if before the filing time) and if you jointly file the I-751 in the meantime and then later divorce before the jointly-filed application has been adjudictaed, the jointly filed I-751 would then need to be withdrawn and replaced with a waiver. In that regard, and please don't take my response as advocating termination of a marriage unless it is clearly inevitable and you are sure your wife and you will not be able to repair the marriage, but you need to be either divorced or in a sustaining marriage where your wife will be willing to jointly file before the deadline. Good luck.

I wonder how to file a waiver? I had CGC but my husband and i got divorce.. As you said i dont need to wait for my CGC 90 days to expires before i apply my I-751, I have my divorce decree now and I really dont know where to start, my CGC expires on 2008... I dont have much my evidence because we been living separate house lately and we do not have bank accounts or my name in his house. I dont know if i have a chance to be approve by removing my condition alone .

I'm not sure how to react to your atorney's suggestion that removing conditions with a waiver is a tough process. Perhaps there's something to do with the length of the marriage that is creating this sense. Typically, if you have eveidence of a bona fide marriage, which it appears you do, then the waiver process is not all that complicated. I notice that your tax return evidence is dated 2005. How long after receiving your conditional green card did the marriage terminate in divorce?

Thank you so much for your response..

I have been married little over 2 years now and its been 1 year now from my conditional green card. but the divorce is not started yet. (process is not initiated) despite all the attempts to make thing work it seems inevitable. so im taking precautionary messures, its always good to know little in advance if i have to start packing

thanks again.

I wonder how to file a waiver? I had CGC but my husband and i got divorce.. As you said i dont need to wait for my CGC 90 days to expires before i apply my I-751, I have my divorce decree now and I really dont know where to start, my CGC expires on 2008... I dont have much my evidence because we been living separate house lately and we do not have bank accounts or my name in his house. I dont know if i have a chance to be approve by removing my condition alone .

Ah, so in approximately 9 months you should be removing the conditions? You should be aware that you will need a final divorce decree in order to file the waiver (and can file the waiver as soon as you have the decree, even if before the filing time) and if you jointly file the I-751 in the meantime and then later divorce before the jointly-filed application has been adjudictaed, the jointly filed I-751 would then need to be withdrawn and replaced with a waiver. In that regard, and please don't take my response as advocating termination of a marriage unless it is clearly inevitable and you are sure your wife and you will not be able to repair the marriage, but you need to be either divorced or in a sustaining marriage where your wife will be willing to jointly file before the deadline. Good luck.

I have a question. I filed my I-751 separately as I am divorced with my USC wife.I am currently with someone who have plans of getting married.We dated while on the midst of my divorce although that was not the reason me & my ex divorced.My question is can you get married although your I-751 is still on processed?Or are there complications that might arise when I enter into a marriage with my I-751 waiting for approval? Thank you.

We have the same case, Im sure some of the members here will reply on this question..

Goodluck to us! I still dont know what to do

P.S. If you have a divorce decree, you can petition to remove conditions right away. You do not have to wait until 90-days before the CPR expires.

Thanks for the reply, appreciated.. on your P.S quote, why do i need to remove conditon right away after i got my divorce decree? whats the different if i wait till my 90 days CPR expires to apply.

You don't "need to" remove conditions right away.... What mermaid is saying is that you CAN begin to file for the waiver as soon as the divorce decree is final, and don't need to -wait- for the expiration date of the CPR.

however, my immigration attorney told me that the CIS does look closely at divorce cases where the marriage ended prior to the Permanent residency being granted. Others have disputed this, but all I know is what I was told.

If the CIS wants a bunch of additional information and/or proof from you (not that they would, just that they COULD), wouldn't it be better to start the process now?

Jeeez, reading these boards, I don't feel so bad, I guess I'm not the only one in town who's marriage went south after the alien immigrant got here... maybe we should have an "unsuccessful marriage" forum within this group to discuss some of the problem we all have run into.

If it helped ONE other couple avoid some of the pitfalls, it might be worthwhile.. but who knows, maybe some of us just need to unload our thoughts over what started so wonderfully and turned so damn sour...

Sucks, doesn't it?? <sigh>

-- Dan

Hi Dan, thansk for the reply, I just dont understand this part " You don't "need to" remove conditions right away.... What mermaid is saying is that you CAN begin to file for the waiver as soon as the divorce decree is final, and don't need to -wait- for the expiration date of the CPR.?"

What's the different of file the waiver and remove the condition?

I am currently a conditional GC holder, and my marriage right now is really shakey. What happens if we file for divorce? Am I allowed to stay or do I have to go back to my home country?

Thankyou

Hi I think we had the similar issue, actually my husband and i just divorce last week , Im also wondering what should i do. I have 2 years conditional green card too and our marriage enter in agood faith, but at the last few months of our marriage we dont live together anymore, so i dont know how can i prove or give evidence of our relationship when i remove my condition by myself.. Pls help us!

Sorry to have appeared so cryptic. What I mean is that unless you have received a conditional green card, one does not have the privilege of securing legal permanent residency except if battered and subjected to extreme abuse. Once one receives a conditional green card, and subsequently divorces, the alien can petition to remove conditions alone, by way of a waiver. How long? There's no real answer to that question. Regulations specify that the alien must be able to demonstrate a bona fide marriage. One alien may be able to do that within a matter of months after receipt of the conditional green card, and yet others, that have been married for longer may not. It all depends upon the specifics of *your* marriage and evidences.

When petitioning with the waiver, include all evidence of cohabitation and joint mingling of finances, policies, and social lives for as long as you were married. In the event that a couple separates, *some* evidences may not necessarily be available (such as evidence that they live in the same residence, share bank accounts etc), BUT some evidences may still be available (beneficiary information on life insurance policies, for example, may be extant until the marriage is legally terminated).

P.S. If you have a divorce decree, you can petition to remove conditions right away. You do not have to wait until 90-days before the CPR expires.

Thanks for the reply, appreciated.. on your P.S quote, why do i need to remove conditon right away after i got my divorce decree? whats the different if i wait till my 90 days CPR expires to apply.

I am currently a conditional GC holder, and my marriage right now is really shakey. What happens if we file for divorce? Am I allowed to stay or do I have to go back to my home country?

Thankyou

Hi I think we had the similar issue, actually my husband and i just divorce last week , Im also wondering what should i do. I have 2 years conditional green card too and our marriage enter in agood faith, but at the last few months of our marriage we dont live together anymore, so i dont know how can i prove or give evidence of our relationship when i remove my condition by myself.. Pls help us!

We know already that we don't have any chances to push through our k-3/k-4 AOS application because it was withdrawn by the petitioner and the only way to get a legal papers here is to be married again a new US citizen.

K-1/k-2 Is different from K-3/K-4 visa.

Please explain this part, it reads like you only got married to avoid leaving the USA once the K3/K4 you entered on disolved.

"the only way to get a legal papers here is to be married again a new US citizen."

Really? you can adjust your status by marrying other new US citizen?

I need some advice my bother got married to girl for whom he petioned and now she has a 2 year greencard. well anyways their marriage is over app he found out that she has fiancee back home basically she married my brother just to come here.they have separated.now he does not want to file for a divorce and he wants her to file a divorce but she says she will not do it if she does she will not get a greencard so she is not going to do it.

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Interesting topic, sounds like my case, anyway lets wait for the other member to give their advice and opinion.

Thanks Guys for the response, I really appreciate it!!

to dmartmar please be respectful.. I am hurt , Im having a hard time at this time. Hope this will not happen to you.

I am so sorry things have not worked out for you.... you can file to remove the conditions as soon as your divorce is completed, you dont have to wait the 2 years.... you will have to be able to prove that you entered into the marraige in good faith...

Hope this has helped

Kezzie

Thanks for the response, that really gives me idea what to do after he divorce me! I still have so many question in my mind , like what is the example of the proof that the marriage was in a good faith that i can give to INS..I Hope that theres anyone here who know my case and give me more advice and what to do..

thanks guys! I really appreciate the help.

Hi, Im new here.. I recently had my greencard (conditional) but my husband wants to divorce me, he said he just fall out of love I have to respect his decision, my question now is my greencard is good for 2 years only, How can i remove my condition of status if me and my husband are not together anymore, Is there any options for me what should i do? I want to continue my living and work here in US because i been here for a year and half..I really appreciate the help.