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  • conditional resident needs help

    My date to remove the conditions on my residence (with form i-751) is coming up soon but I'm still not divorced yet. is divorce a requirement before filing such form and if not can i just apply in advance (a year before its due date?) i have two different lawyers telling me different things and i don't really know whether i can just do this one myself. I have proof that marriage was in good faith and good proof of infidelity as well. I'm just still a little afraid of being rejected.
    thank you to anyone who replies..
    e

  • #2
    My date to remove the conditions on my residence (with form i-751) is coming up soon but I'm still not divorced yet. is divorce a requirement before filing such form and if not can i just apply in advance (a year before its due date?) i have two different lawyers telling me different things and i don't really know whether i can just do this one myself. I have proof that marriage was in good faith and good proof of infidelity as well. I'm just still a little afraid of being rejected.
    thank you to anyone who replies..
    e

    Comment


    • #3
      I think you need to provide a few more details before anyone can help. How long was the marriage? There are lots of very experienced people on this forum - if you'll share a little more about your situation, I'm sure more people will respond with help.

      Comment


      • #4
        Mrs.Bono,

        I can certainly give you some advice and information about your situation and what the law says.

        But actually if you search back in this forum here,you'll see your question has been asked many may times and answered many times.

        But here again for you,and I am sure some other "long time" members with knowledge will advise you here.

        You can ONLY file and sent your application aka I-751 form,to remove the conditions (as waiver)
        if your divorce is Final.And you MUST add your certfied divorce decree in your I-751 application as proof.

        If you sent your application in via waiver,bcause of divorce,but indeed you are not divorce yet,the application will right on spot denied because of one simply following reason.
        Remember despite what anyone here might say to you,what I tell you is the truth and the fact and the law.
        The reason is,when you file your application via waiver due to divorce,you MUST X mark the box where it says "entered marriage in good faith,but marriage ended in divorce"

        So you mark the spot saying you are divorced,and the officer who reviews it notice "there is no divorce" therefore,its considered,the statements u have givin where untrue,and is being denied.

        Remember having filed for divorce,or going through divorce means nothing,until the day you go to court and the judge declares You and your spouse are officially divorced,you are until that day still officially married.

        What you can do is, gather every single evidence,information etc etc for your application and have everyhting set and ready.
        And contact INS about it,and ask them what you might be able to do...sometimes,just sometimes,they will grant you some time for your divorce to be finalized and then allow you to sent your I-751 to them.But you gotta let them know though,NOW...

        Just do not wait till the divorce is over and them not knowing whats up and why u did not file your I-751 on time...let them know,by phone or mail.
        But bottom line, do not sent your application until the divorce is over...
        A it will be denied,and your money u sent won't be refunded,and 2ndly you will eventually have to resumit your application again and pay the fee again.

        But how about you let us also know,how long u have been married,and after what time you guys decided to get married.
        When did you guys meet? how long have you guys seen eachother and dated before you got married.

        Good Luck

        Comment


        • #5
          As requested by you, here i go with more Information...


          I Came to this country in march 2004 from Ireland where i had been living for 3 years due to my Step father being Irish, but I was originally born in Honduras.
          The reason i came was to visit my brother (an american citizen) who I hadn't seen in 3 years since he decided to come live here.
          whithin my time being here I met my now Husband and told him that I was planning to go back to Dublin,So when he told me to stay i said I couldn't because i only had a couple of months, and thats when he said we could get married.
          I was flattered but unsure so i told him we could date a while to find out..time passed and everything went fine.. we got married december 1st 2004.(i was 24 and he was 26) His parents where thrilled and couldnt wait for us to give them babies but everything changed 2 weeks after that mardi gras(3 months after the wedding) when I found a video of him and another girl he had filmed with my camera.he had it under "school work" files in the computer. I knew something wasnt right and I had found the answer. suddenly everything fell into place.
          He had asked me for my camera to take pictures of friends at work just 3 days before mardi gras, he said he had to work that mardi gras (nobody does), his parents had told me that they were going away that weekend.. well I could tell that the room in the video was his parents house.. I cried like a baby for hours..and from then onwards it just got worse..I had nobody else to stay with, my mom had gone back to Ireland and suddenly I was stuck.. for almost a year i struggled putting up with his infidelity..he brought girls to our place when i wasnt there.. texted them in front of me, logged on to his myspace profile to talk to them (it was more than one girl) and he didnt seem to care even though he always said sorry afterwards and told me he really loved me but he was just so used to changing girls all the time , he tought he could stop once he married but it was hard.during that time i was in such a deppressed state i lost 20 lbs (now i was 5'6" and 115 lbs people started to worry ) and even thought of taking my life. that is how bad you feel when your self esteem is shattered on a day to day basis.

          socially he was always so proud of me and presented me as his wife and loved when people told him how beautiful I was and how someone like me could have ended up with him.\anyhow.. it felt like alot longer but i finally moved in with my mother ( i was happy) ... 2 weeks later Katrina hits and I'm back with him ( he had gone to pick me up to get the last things we still had in our apt. and headed to his parents house which is an hour up north of us) he tries to patch things up but its impossible.. no matter how much he tried to hide thigs from me I would always catch him. during that time we get called for the first interview (june 12th 2006) and I get my green card.. finally I can get my driver's license and live by myself .. and thats what i do.. its now almost a year we've been separeted and I feel great.

          We are now just friends and calling each other up whenever we have to do things together like tax filing etc.. so in that sense he has been very helpful.. and he is still willing to help me with anything regarding immigration so that is great.. but we now have to file for divorce so here i am ..trying to do things the right way...

          so basically we dated for 7 months before getting married and it was all ok for 3 months until I found out. then lived together for another 15 months until i got my green card and no longer needed him so i could get my life back to normal.

          Thank you to proudUSC and HBKHBK .. I'm finding all this very interesting endeed. Thank you so much for your advice. love to logg in and read your opinions..
          Thanks

          Comment


          • #6
            mrsBono, it doesn't sound like you entered your marriage in bad faith which is usually the deal breaker. I would follow HBKHBK's advice. You definitely want to follow the correct process in order to have your conditions removed. Good luck to you and glad you're doing better.

            Comment

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