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removing conditions on conditional residency

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  • removing conditions on conditional residency

    Hello all, does anyone know what the options are for removing conditions from a conditional residency? my sister got married to her american boyfriend, but he has turned out to be an alcoholic. She's worried that if she divorces him, her application for perm. residency will be nullified and she will have to go home. Here's a timeline:

    June 2002 - She gets married, husband is in the army (R.O.T.C), they move to Fayetteville, NC. Finds out soon thereafter that husband has a drinking problem.
    August 2003 - She submits her papers for permanent residency
    January 2004 - She gets a one-year work permit which can be renewed for another year.
    Feb 2004 - She gets call for fingerprinting appointment scheduled for March 11th.
    Feb 2004 - She calls a lawyer to find out what her options are: Lawyer says conditions are no longer binding after 2 years of marriage, and asks her to stick on in the marriage till June 2004 and file for divorce only after that so she doesnt jeopardize her perm. residency application process.

    I want a second opinion on the above because things are pretty bad, and it would be best for her to get out of the marriage asap.

    Any suggestions would be appreciated.

  • #2
    Hello all, does anyone know what the options are for removing conditions from a conditional residency? my sister got married to her american boyfriend, but he has turned out to be an alcoholic. She's worried that if she divorces him, her application for perm. residency will be nullified and she will have to go home. Here's a timeline:

    June 2002 - She gets married, husband is in the army (R.O.T.C), they move to Fayetteville, NC. Finds out soon thereafter that husband has a drinking problem.
    August 2003 - She submits her papers for permanent residency
    January 2004 - She gets a one-year work permit which can be renewed for another year.
    Feb 2004 - She gets call for fingerprinting appointment scheduled for March 11th.
    Feb 2004 - She calls a lawyer to find out what her options are: Lawyer says conditions are no longer binding after 2 years of marriage, and asks her to stick on in the marriage till June 2004 and file for divorce only after that so she doesnt jeopardize her perm. residency application process.

    I want a second opinion on the above because things are pretty bad, and it would be best for her to get out of the marriage asap.

    Any suggestions would be appreciated.

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    • #3
      There are a LOT of posts on this subject. You might want to do a search for I-751 or a search by name which could be Aguila, Swissnut, Pasha Patel, etc. They should be very helpful.

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      • #4
        The epedemic is spreading like wildfire !!!!!!!!!

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        • #5
          By the way; what the lawyer suggests is not only illegal but it is wrong

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          • #6
            Of course trying marriage counseling or trying to help isn't even an option because this isn't a real marriage.

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            • #7
              The conditional status has to last two years, not the marriage

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              • #8
                Michael, I'm not sure you are correct in stating that the 2 year condition would apply *in this case*. From what I'm reading, the conditional status has to last 2 years *only* in cases where the status was based on a marriage that occurred <i>within</i> two years. IE, in cases where x recieves residency *before* x's marriage has completed a full 2 years.

                "As a background, § 216 of the Immigration and Nationality Act (the "Act") imposes an initial 2-year period of conditional residency on a person who acquired permanent resident status based on a marriage that occurred within two years. A conditional resident may remove the condition on permanent residence by jointly filing a petition (Form I-751) with the citizen spouse within a 90-day period prior to the expiration of the second year anniversary of the grant of conditional residence.2"

                http://www.ilw.com/lawyers/articles/...120-mehta.shtm

                In our case, they have been married for almost 2 years, i.e this June it will be a full 2 years. Plus they got married with the best intentions, and in fact till recently, they had been trying to work out the problems sincerely and have people to testify to that. What's my point? That the lawyer may be right in saying that if you have been married for a full two years, then the conditions do not apply to you anymore. The condition you are mentioning *only* applies to those who recieved their conditional residency before 2 full years of being married.

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                • #9
                  No. Listen up here. The two year period BEGINS when she gets the conditional residency (The I-551 stamp), not when they get married. I think this confusion is what messes up the immigrants who think they can fool the system. They get the stamp, then get to the 2 year marriage anniversay and split thinking they are in the clear when they are not.

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                  • #10
                    Michael:

                    You got confused, what they were referring to is at AOS interview. If at the AOS interview the marriage is older than 2 years old, then an UNCONDITIONAL GREEN CARD is granted, and if at the AOS interview the marriage is less than 2 years old then a CONDITIONAL GREEN CARD is granted.

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                    • #11
                      Thanks for putting it more simply than I could, Aguila! By the way, what does AOS stand for?

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                      • #12
                        Hi Sudhir,

                        She got married in june 2002 ... u r talking abt AOS and not I-751 ... if she gets I-551 stamp / approved AOS after june 2004 ...in short after 2 yrs of marriage ...she will get permanent 10 yrs GC ... without any condition on it ...good luck...

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