divorce proceedings & condition removal

[Mrs. lonely heart]

Hi everyone!
I'm going through divorce proceedings(April 19, third divorce hearing.Hopefully, the last and final).
I am a little confused about when and how to apply for removal of condition.
Following the immigration timeline, I'm entitled to apply for condition removal in May/06. However, by May the divorce is likely to be final(it may take one month or more for the court(in California) to get the divorce decree ready).
Also, will I need to hire a lawyer for that, or would I be able to file I-751 myself getting proper instructions and/or advice?

Any feedback on the matter will be appreciated.
Thank you.

[Mrs. lonely heart]

Hi everyone!
I'm going through divorce proceedings(April 19, third divorce hearing.Hopefully, the last and final).
I am a little confused about when and how to apply for removal of condition.
Following the immigration timeline, I'm entitled to apply for condition removal in May/06. However, by May the divorce is likely to be final(it may take one month or more for the court(in California) to get the divorce decree ready).
Also, will I need to hire a lawyer for that, or would I be able to file I-751 myself getting proper instructions and/or advice?

Any feedback on the matter will be appreciated.
Thank you.

[sappyconifer]

You can and should file the I751 waiver as soon as the decree is final. Hopefully it won't take more than 120 days from now to finalise.

[Mrs. lonely heart]

Thanks, sappyconifer!

Getting the divorce decree is my main concern right now.
I'm positive that next hearing, the judge is going to make it final.
But I still need the divorce decree(the document).
Can I apply for removal without the divorce decree(the document), as a separated spouse?

Thanks

[Michael]

You need the divorce decree; it takes about 2 months to get; more or less depending on the state

The removal of considitions can be filed when you have it and takes a couple of years to process

[swissnut]

Read,

http://www.durrani.com/docs/751.pdf

and

http://uscis.gov/graphics/lawsregs/h...aivr062405.pdf

[Mrs. lonely heart]

Thanks, Swissnut!

This is what the law says and which applies to my situation:

"If the petitioner and beneficiary are separated or have initiated divorce proceedings at the time the I-751 should be filed, the beneficiary is not eligible to file for either a joint petition or a waiver of the joint filing requirement due to divorce. An alien's status may be terminated because they are unable to file a timely Form I-751, or they may be placed in removal proceedings..."

Question: What would be considered a timely form I-751?

I believe the divorce is going to be final April 19.
How long can I wait for the divorce decree and still be able to apply for my removal of condition. May/06 will be 3 months before my condition Green Card expires.

Can I apply for removal anytime whithin the 120 days before the conditional expires?

Appreciate your feedback!

[swissnut]

Timely filing would be prior to expiration of your conditional green card. The 90-day window allows for you to file the I-751 petition and still receive an NOA/letter extending your work authorisation and card for a one year interval, pending adjudication of the I-751.

[Mrs. lonely heart]

Hi everyone!

I have a question that is not directly associated to immigration, but I would be glad if somebody could answer that to me.
As I wrote before, I'm going through divorce proceedings and this year I filed income tax as married-separated.
I filed for Federal Income Tax only.
Do I need to file State income tax in a separate form?
If so, which specific form?

Thanks again.

[sappyconifer]

Don't know where you live, but your state Department of Treasury should have state tax return 1040 forms available. Most have them online.

[Mrs. lonely heart]

Thanks, Sappyconifer!
I live in California.
I recently filed form 1040A for Federal Tax.
The form for State Tax would be 1040, and, as far as I understand, I'll fill out with the same information.
Both forms(Federal & State) are adressed to sent to Fresno, CA, to different zip codes, though.
I was a little confused because I was told I need to file both Fed. and State Taxes, even if the information about my state income was already provided in the Fed.Tax I filed recently.
Appreciate your feedback.
Thanks.