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Results 1 to 8 of 8

Thread: Separation before removal of conditions on permanent resident status

  1. #1
    Married June 2007
    Separation filed October 2008
    I751 filed Nov 2009
    Evidence included:
    2 affidavits from my friends/family
    joint savings
    joint car insurance
    a letter explaining he would not add my name to bills, mortgage, medical, life ins, car ownership and why.
    photos
    separation agreement
    Divorce papers served to me Feb 2010

    I am currently looking to remove conditions on permanent residence (2 yr GC).
    I have filed 751 back in November 2009, and filed jointly because we were separated not divorced yet. Now I received notification that the evidence submitted is insufficient and I need to file single (waiver) and provide final divorce decree before May 29th 2010.
    My ex has served me the papers and I have notarized and returned them to him, but he has done nothing more. (Divorce is in State of NY). I am afraid I am not going to have the final divorce decree by May 29th. What can I do. He is in control?
    Any advice of what I can do as no extensions are granted.
    Thank you for your time.

  2. #2
    Married June 2007
    Separation filed October 2008
    I751 filed Nov 2009
    Evidence included:
    2 affidavits from my friends/family
    joint savings
    joint car insurance
    a letter explaining he would not add my name to bills, mortgage, medical, life ins, car ownership and why.
    photos
    separation agreement
    Divorce papers served to me Feb 2010

    I am currently looking to remove conditions on permanent residence (2 yr GC).
    I have filed 751 back in November 2009, and filed jointly because we were separated not divorced yet. Now I received notification that the evidence submitted is insufficient and I need to file single (waiver) and provide final divorce decree before May 29th 2010.
    My ex has served me the papers and I have notarized and returned them to him, but he has done nothing more. (Divorce is in State of NY). I am afraid I am not going to have the final divorce decree by May 29th. What can I do. He is in control?
    Any advice of what I can do as no extensions are granted.
    Thank you for your time.

  3. #3
    Final divorce decree is irrelevant to USCIS. You were denied because they did not believe the marriage was valid. They are asking for more evidence that your marriage was valid. A divorce decree is not more evidence that a marriage was valid.

  4. #4
    Partly true, they need more evidence for my marriage which is fine I will provide more. But my main concern is that I now have to file singly due to the divorce proceedings taking place but I wont have my final divorce decree in hand when they want on May 29th.
    No extensions are granted.
    Do I chance my luck and just send the papers that he served me to begin the divorce so immigration can see it is currently taking place? Or are there other procedures I can perform?
    Thank you.

  5. #5
    This might be helpful. Good luck!!


    http://www.pcurtislaw.com/fail...ditional-green-cards


    Failing Marriages and Conditional Green Cards
    Posted Wed, 07/22/2009 - 18:40 by Phil

    Adjustment of Status

    All lawful permanent residents who obtain their residency based on marriage to a U.S. Citizen and who, at the time of application, had been married for less than 2 years are granted conditional residency. Conditional residents must file a petition to remove the conditions on their residency within 90 days of the expiration of their conditional green card. (For more background on conditional residency read our previous article.) The I-751 petition must be filed jointly with the lawful permanent resident's spouse. Some marriages, even if entered into with good intent, don't last 2 years. So what should a conditional resident do if his or her marriage has been terminated or is failing when it becomes time to file the I-751? There are several possible scenarios and outcomes and we will explore them all here.

    2 Basic Possible Scenarios

    Scenario 1. The marriage has failed and the divorce is final.
    Scenario 2. The marriage is failing but the marriage has not been legally terminated (i.e. divorce is pending, parties are separated, the couple is estranged, etc.)
    Solutions for LPR's in Scenario 1

    An LPR whose marriage has failed and has been legally terminated before he or she files the I-751 has the advantage of certainty. The only option for a LPR in this position is to file the I-751 and request a waiver of the joint filing requirement. In order to obtain the waiver and approval of the underlying I-751, the LPR has the burden of proving to the USCIS that the marriage was entered into in good faith but the marriage was subsequently terminated.

    Solutions for LPR's in Scenario 2

    LPR's who are still legally married but are in failing marriages can encounter problems with the I-751. Because the waiver of the joint filing requirement is only available to LPR's whose marriages have been legally terminated, LPR's in failing marriages are not eligible for the waiver. This is true even if the couple is legally separated. If the LPR's spouse is not willing to cooperate and jointly file the I-751, the LPR should consider initiating legal proceedings to terminate the marriage if divorce proceedings are not already pending and file the I-751 and request a waiver of the joint filing requirement despite the fact that the marriage is not yet terminated.

    In most cases, the USCIS will issue a request for evidence and grant the LPR 87 days or more to submit evidence of termination of the marriage. In cases where a divorce is pending this may provide enough time for the divorce to be finalized. Once the divorce is finalized, the LPR qualifies for a waiver of the joint filing requirement and can obtain approval of the I-751 upon establishment that the marriage was entered into in good faith.

    If the LPR's spouse is willing to cooperate and file the I-751 jointly but the parties are legally separated or in divorce proceedings a similar result may be obtained. In cases like these, the USCIS should issue a request for evidence asking for a copy of the divorce decree and request that the LPR provide a statement that he or she would like the I-751 to be treated as a waiver petition. Upon receipt of the divorce decree and request to treat the petition as a waiver request the USCIS will adjudicate the petition in the normal fashion.

  6. #6
    I think you can pack your things! Your done here your sham marriage has been exposed!

  7. #7
    As quoted from you website, I come under scenario 2. The marriage is failing but the marriage has not been legally terminated (i.e. divorce is pending, parties are separated, the couple is estranged, etc.)
    I filed the I-751 jointly because the divorce was not finalized. Now I have mail from USCIS stating I have 87 days to write back with the final divorce decree and the notification that I now choose to request a waiver to the joint filing. The only problem I have is that my ex husband served me the divorce and he wont have the final decree to me within the 87 days.
    My main concern is what happens next if the divorce decree is not sent to USCIS within the 87 days?
    Thanks

  8. #8
    You can ask for a waiver, but those who advocate the I-751 route claim that it will be approved. Wrong, the USCIS looks closely at these and presumes that all such claims are fraudulent.

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