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Thread: Parnter threatning not to sign removal of conditional status form.

  1. #1
    I am in a similar situation, Pasha, Deepbobs please help.

    Got my conditional approved earlier this year. Married with very clean intentions. Things became horrible and I think it will result in saperation -> divorce.

    What do I need to do while applying to get conditional status removed. Is it ok to have been divorced or going thru a saperation period. What if the saperation process is not ongoing and I dont get both signatures on the form.

    Please tell me all the precautionary steps I need to take. I would greatly appreciate any help.

    Thanks.

  2. #2
    I am in a similar situation, Pasha, Deepbobs please help.

    Got my conditional approved earlier this year. Married with very clean intentions. Things became horrible and I think it will result in saperation -> divorce.

    What do I need to do while applying to get conditional status removed. Is it ok to have been divorced or going thru a saperation period. What if the saperation process is not ongoing and I dont get both signatures on the form.

    Please tell me all the precautionary steps I need to take. I would greatly appreciate any help.

    Thanks.

  3. #3
    You can fill out a request for a waiver of the 2 signature requirement and state your case and attach evidence.

  4. #4
    Thanks a bunch guys, I have lease, bills, life insurance, receipts of gifts, joint account statement, and joint Roth IRA account, joint tax filing, for up to one year. I dont know if she still wants to live with me, and she wont be on the next lease.

    When its time to file the I-751, is it best if we have already been divorced or saperated or doesnt matter? I feel blessed that I came across this discussion - Go Google !

  5. #5
    If you are divorced you can't jointly file to remove the conditions. If the marriage is irreparable and you are separated or in divorce proceedings as the deadline for filing the I751 approaches, bear in mind that you can't file until you have a divorce decree.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  6. #6
    can they try to sabotage my application process, now that i have my conditional residency, can they do something to take it away from me? if i want to file for hardship, assuming i wont have a divorce decree by the time the filing date arrives, what would i need for that, and how long does it take to get approved.. how much time does it buy me. thanks for all your replies.

  7. #7
    "They", USCIS, can deny residency, if they believe circumstances in your particular case warrant such a decision. Or, USCIS can deem you removable if you don't file the I751 timely. Note that timely filing means before the expiry date of your current conditional green card, however, if you face this situation it'd be advisable to consult with an immigration attorney.

    "They", your marital-family, can attempt to thwart your immigration process, I suppose, by reporting that the marriage was not bona fide. Will they? Do they have any grounds to do so? Only you can know.

    There are a few waivers of the joint filing requirement. One is that the marriage to your USC spouse was bona fide and it simply ended in divorce. You will need plenty of proofs to support your claim. Another waiver is that you were subject to abuse (emotional or physical) that resulted in the need to separate or divorce. Note finalisation of the divorce is not required to be eligible for this. Prevailing on this requires substantial documentation of the abuse. Hardship to the alien also requires a solid claim. I beleive the alien would need to demonstrate that returning to his/her home country would place them in jeopardy, or would result in some rather unpleasant circumstances relative to persecution, loss of rights, or re-establishment that would be practically insurmountable.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  8. #8
    I signed this document...and since that day..
    in sept. he has not spoken to me! This is
    something. There is an interview! Can't do this.
    Would flunk. Now he's gone with his girl friend.
    Now, I am stupid for even signing. I getting
    my stuff ready to file for divorce. So, I don't
    feel any obligation to go to the interview! He
    doesn't want to go, I don't blame him at all...
    misrepresentation is not the way to go......
    i'm going to get myself off the hook...and
    let him do whatever.... I am sorry for him...
    he will regret...i'm sure. If he's in jeopardy,
    then he brought all himself...so he deserves
    what he gets! I told him, he has made me
    an ugly person just like he is.

  9. #9
    Are you certain there will be an interview? Many I751s are adjudicated without them, nowadays. You may have provided your husband the "golden egg" by filing a joint I751.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  10. #10
    Yes, we got a letter saying that we were going
    to have an interview. Not sure on what day
    right now. I would like to withdraw my
    petition and the 2 letters (i had to get)
    folks didn't want to do.

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