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Thread: Divorce after filing joint pettition to remove conditions but before approval of joint filing

  1. #1
    Guest
    Hi there,

    My husband and I have been married for over 5 years. We filed for my permanent residency just before our second anniversary (mistake ! should have waitied until second anniversary and residence would not be conditional) ~ so I received conditional residence. We filed jointly for the removal of conditional residence within 90 days, over 1.5 years ago, but have not heard back from Immigration. We separated a few months after filing, almost a year ago. He moved in with someone else who is putting pressure on him to get merried to her in order to fight for her children custody, so he filled for divorce almost six months ago. I have been praying to hear from immigration before the divorce is finalized, and have not heard from them and the divorce is still pending.

    We married 'for real' and I have abundant proof. I have been in the country for over 13 years now ~ first student, then h1b, then marriage ~ and I am still with the same company that filed for my h1B before my marriage.

    I have to leave my company ~ I hate that I do because I know it would look good if I still had the same job, but I can't stand it anymore, come what may!

    I have done extensive research, and can not find documentation that addresses this particular scenario. I talked to a few lawyers, and was dissapointed by their apparent ignorance in the current immigration law which I have been studying for the last 13 years due to necessity. I am IT proffessional. I support myself and will not become the burdon on the society. I have a rare medical condition that may require special care in the future. I have a siter in the US who became naturalized citizen also through marriage.

    Please give advice on what I can do to improve my chances to stay while I am waiting on the Divorce and the response on I-751 from BCIS.

    Also, I need to go to the BCIS to receive a stamp in my passport so that I can go home and visit ~ what do I say if anyone asks me how my marriage is? (I know they probably won't, but what is worse here ~ lying or telling the truth? ~ what a dilema...). Should I contanct my senator/representative and be proactive about my case, or is it smarter to 'lay low'?

    My hart goes out to all that are struggling ~ I can't even imagine what I would do if I were forced to return to my economically depressed European country. Since I have shown intent to immigrate to the US, does this mean it will be really difficult for me to obtain say Tourist visa to visit my friends in the US in the future if I am deported?

    I have good moral character and no arrests or convictions.

    Sorry for the long letter, but I wanted to provide a clear picture. Any thougths/experiences will be appreciated...

    Peace

  2. #2
    Guest
    Hi there,

    My husband and I have been married for over 5 years. We filed for my permanent residency just before our second anniversary (mistake ! should have waitied until second anniversary and residence would not be conditional) ~ so I received conditional residence. We filed jointly for the removal of conditional residence within 90 days, over 1.5 years ago, but have not heard back from Immigration. We separated a few months after filing, almost a year ago. He moved in with someone else who is putting pressure on him to get merried to her in order to fight for her children custody, so he filled for divorce almost six months ago. I have been praying to hear from immigration before the divorce is finalized, and have not heard from them and the divorce is still pending.

    We married 'for real' and I have abundant proof. I have been in the country for over 13 years now ~ first student, then h1b, then marriage ~ and I am still with the same company that filed for my h1B before my marriage.

    I have to leave my company ~ I hate that I do because I know it would look good if I still had the same job, but I can't stand it anymore, come what may!

    I have done extensive research, and can not find documentation that addresses this particular scenario. I talked to a few lawyers, and was dissapointed by their apparent ignorance in the current immigration law which I have been studying for the last 13 years due to necessity. I am IT proffessional. I support myself and will not become the burdon on the society. I have a rare medical condition that may require special care in the future. I have a siter in the US who became naturalized citizen also through marriage.

    Please give advice on what I can do to improve my chances to stay while I am waiting on the Divorce and the response on I-751 from BCIS.

    Also, I need to go to the BCIS to receive a stamp in my passport so that I can go home and visit ~ what do I say if anyone asks me how my marriage is? (I know they probably won't, but what is worse here ~ lying or telling the truth? ~ what a dilema...). Should I contanct my senator/representative and be proactive about my case, or is it smarter to 'lay low'?

    My hart goes out to all that are struggling ~ I can't even imagine what I would do if I were forced to return to my economically depressed European country. Since I have shown intent to immigrate to the US, does this mean it will be really difficult for me to obtain say Tourist visa to visit my friends in the US in the future if I am deported?

    I have good moral character and no arrests or convictions.

    Sorry for the long letter, but I wanted to provide a clear picture. Any thougths/experiences will be appreciated...

    Peace

  3. #3
    Guest
    hey guest the same thing happend to me except i dont have what you have . i have a court date comming because i have a Notice to appear infront of the Immigration Judge ...

    but in my case my wife cheated on me and left me after 6 yrs of being together and married for 4 .

  4. #4
    Guest
    thanks Immigrant ~ my husband also cheated on me and left me after being married for five years and together for six ~ why do you have to go to Immigration judge ~ did you file Joint Pettition to remove Conditions?

    Tell me more!

    Thank you ~ good luck!

  5. #5
    Guest
    As long as you were married for over 2 years, you should be able to get it. Even if you are divorced and your husband has re-married, he can go with you to your interview and state that your marriage was in good faith. If he is willing to do this, then there shouldn't be a problem. Hopefully you guys are still on friendly terms.

  6. #6
    Guest
    Hey guest and immigrant, why dont you guys hook since both of you are 'victims'?

  7. #7
    Guest
    Guest:

    I am in the EXACT same situation as you are in; and I do mean exact - right down to the timelines and profession. This seems to be a grey area in the I-751 process that is casued by the length of time involved with the whole process... They have clarified that you can't apply for the joint waiver before your divorce is final (which can take years in NJ) but they have not clarified this area (and I think it is better that way judging from their other decision).

    I need to get my 1 yr extension renewed in a couple of months and I still expect another year and a half or so wait for my application to be processed. I don't know when my divorce will be finalized but it will be within the next few months. (FYI - The initial AOS from H1b to GC was done right after we were married in July 1999).

    We shall have to see what happens. If anyone else out there is dealing with this issue at the moment, please share with the rest of us who are in the same situation.

    Thanks!

    ARQU

  8. #8
    Guest
    Hey there,
    You guys are driving me nuts with the posts about how long the I751 process takes. Am having problems with my spouse as well and am about to file the I751 at Texas service center. Anyone knows how long it takes to receive a decision after mailing in the I751? Looks like the advice should be to wait for 2 years of marrige, then file so that you're not conditional at any time.

  9. #9
    Guest
    Thank you all!

    ARQU ~ I knew there must be many people in my position, but I've searched and could not find anyone talking about this scenario ~ I guess we'll see, but I am quiting my job and moving on with my own business. Risky, but if I am going to be kicked out, at least I want a chance of starting my dream ~ like I said earlier, I can't be in chains anymore, come what may...

    BayernMunich ~ the AILA (American Immigration Lawyer Association) and this site www.ilw.com post the Service Centers Processing times ~ I think I noticed that AILA gets the times updated the quickest. Here is that link:

    http://www.aila.org/contentViewer.aspx?bc=10,2921

    Regarding the 2 years ~ check with a lawyer (maybe someone can reply on this forum) ~ but the law is that once you apply for the residence based on marriage (original papers) and you go for initial interview and all goes well ~ if the marriage is 'recent' defined as less than 2 years old at the time they are approving your application, then they will give you Conditional Residency. The Conditional residency was established to deter/catch fraudulent marriages ~ the 2 year period was given as extra time for Immigration to investigate the marriage. So, check with someone, but if the marriage is older than 2 years, then apparently you can receive permanent residency without the 'condition', though I don't personaly know anyone in that scenario. One thing: I was still in status during the 2 years (on my H1B) and would NOT fall out of status if we had waitied the full 2 years to apply ~ considering all these new developments, make sure that you would not fall out of status while waiting for the 2 years to pass (again, please check with a lawyer if you have one you can trust). Also, during the 2 years, unless you are in status under, let's say, an H1B visa, or another working visa, you would not be able to work... hope this helps.

    No Problem ~ thanks for your calming words!

    Peace

  10. #10
    Guest
    BayernMunich

    Really what has happened is that the issuance of GC's has basically halted until they can sort out the FBI background checks... So the time keeps on passing with no movement at all on things like I-485 and I-751.

    For VSC, the form processing date is 12/01/2001. Once they begin to process those forms, it can take 12 to 18 months to finish.

    So a I-751 out of VSC will take aprox. 36 months to process... Add that to the 2 yr conditional period plus the aprox. 1 yr wait for the AOS to marriage based application in the first place. So a marriage based GC in the Northeast can take a total of 6 yrs. Obviously it is better if you can postpone your AOS application until you have been married for 2 yrs. It will cut 4 yrs off the process!!!!!

    Good Luck... And I think there are a lot of us out there dealing with this...;

    ARQU

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