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Still married but failed to remove conditional residency

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  • Still married but failed to remove conditional residency

    I am a US Citizen and married to my wife of 8 years. (Married in Nov. 1994) My wife received AOS 2 years and 2 months after our marriage. (01/97)

    INS granted her conditional residency which expired in 01/99. We did not realize that she is a "Conditional Resident" until now since we reviewed her GC and Pasword for Naturalization purposes. My questions are as follows:

    Since her original AOS was granted after two years of marriage, is she still subject to Conditional Residency?

    Should INS remove Conditional Residency since we are still married to each other? Despite of failure to file.

    No notice of Failure to File to Remove Conditional Residency or Failure to Appear or Removal Proceeding notices was ever received.

    Please help.

  • #2
    I am a US Citizen and married to my wife of 8 years. (Married in Nov. 1994) My wife received AOS 2 years and 2 months after our marriage. (01/97)

    INS granted her conditional residency which expired in 01/99. We did not realize that she is a "Conditional Resident" until now since we reviewed her GC and Pasword for Naturalization purposes. My questions are as follows:

    Since her original AOS was granted after two years of marriage, is she still subject to Conditional Residency?

    Should INS remove Conditional Residency since we are still married to each other? Despite of failure to file.

    No notice of Failure to File to Remove Conditional Residency or Failure to Appear or Removal Proceeding notices was ever received.

    Please help.

    Comment


    • #3
      If her green card was only good for 2 years, which it probably was, then she was a conditional resident....otherwise she would have gotten the 10 year card.

      The thing is that if you go to your interview after your 2nd wedding anniversary then you get the 10 year card straight away.

      I would call a lawyer and straighten it out. Not filing to have the conditions removed could make her deportable.

      Comment


      • #4
        I saw your posting and I have a question. My husband (is from UK) has authorization to work in the US ..he is suppose to get his interview in about a month (for a green card)...
        My question is, we will be married for 2 yrs as of June 2003. I signed the affadavid of support which means I'm to support him for 10 yrs. unless we divorce. When do I have to divorce him by in order for me not to be liable for this? Do we have to divorce before he gets his green card after his interview or is that green card also conditional and we still have time to divorce.
        We're not getting along and I'm not going to have to support him for 10 yrs if I can get out of this now. Please repond...thank

        Comment


        • #5
          I think at this point, her conditional permanent residency is already terminated, and she's subject for a removal's hearing, unfortunately.
          Definitely contact a good immigration lawyer, like Marie suggested.

          Comment


          • #6
            Goodbye is possible.

            Comment


            • #7
              Gator,

              I'm not sure. Your husband could still try to continue the proceedings and file on his own. Even if you divorce I think you still have to support him.

              I would call a lawyer to make sure or go to the INS office if you have one near you and ask them.

              Comment


              • #8
                What you're saying is whether he gets his conditional status removed on his own or by being still married to me, I can end up supporting him for 10 yrs???
                I am going to an immigration attorney this week...
                just wanted to know your thoughts.
                thanks.

                Susan

                Comment


                • #9
                  I just read the affidavit of support and it says 3 years and not 10. Maybe I missed the part where it says 10 year.

                  Ask a lawyer and let us know.

                  Here is the info on the removal of conditions:

                  http://www.ins.gov/graphics/howdoi/remcond.htm

                  Sorry I couldn't be more help. Good luck to you!

                  Comment

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