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  • divorce proceedings & condition removal

    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.

  • #2
    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.

    Comment


    • #3
      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.
      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

      Comment


      • #4
        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

        Comment


        • #5
          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

          Comment


          • #6
            Read,

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

            and

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

            Comment


            • #7
              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!

              Comment


              • #8
                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.

                Comment


                • #9
                  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.

                  Comment


                  • #10
                    Don't know where you live, but your state Department of Treasury should have state tax return 1040 forms available. Most have them online.
                    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                    Comment


                    • #11
                      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.

                      Comment

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