Advice please: Removal of conditions during separation
Nov 5th 2004, 3:29 pm
#1
Guest
Posts: n/a
Advice please: Removal of conditions during separation
I would greatly appreciate any advice on the best way to get the
conditions on my green card removed under these special circumstances:
My husband & I got married in April 2002 in Germany, direct filed for
immigration through the consulate in Frankfurt.
I immigrated to the U.S. in April 2003 & got issued a conditional
green card.
Since, our marriage has slowly deteriorated and we have ended up
living separated from each other since August of this year. We haven't
filed for dissolution yet, but it looks like we will eventually.
I will have to file for the removal of conditions in January 2005.
From the way things look right now, my husband would probably file for
this jointly with me. However, on the actual form I-751 both the
addresses of the immigrant and spouse are required. I imagine that
different addresses would pose some sort of problem.
I am mainly concerned because I do not have a lot of proof of our
marriage being entered in good faith, other than Affidavits from
friends & relatives. We both worked & lived at a resort, so there is
no lease. My name is on his savings account, but we have separate
checking accounts. Bills were in his name only, because I didn't have
any credit established. Also, the instructions on form I-751 ask for
evidence from the beginning of the marriage to the time of filing.
Would it be best to file jointly, but include explanation on the
current circumstances, possibly an affidavit from my husband
confirming that our marriage was entered in good faith?
Or would it be better to start the divorce process? How would I go
about getting my conditions removed in this case?
In the first case, when would we be able to file for divorce? While
the Removal of conditions is pending or after it is approved?
The law is not very clear on this situation, so I would appreciate any
information that can point me in the right direction.
TIA,
DC
conditions on my green card removed under these special circumstances:
My husband & I got married in April 2002 in Germany, direct filed for
immigration through the consulate in Frankfurt.
I immigrated to the U.S. in April 2003 & got issued a conditional
green card.
Since, our marriage has slowly deteriorated and we have ended up
living separated from each other since August of this year. We haven't
filed for dissolution yet, but it looks like we will eventually.
I will have to file for the removal of conditions in January 2005.
From the way things look right now, my husband would probably file for
this jointly with me. However, on the actual form I-751 both the
addresses of the immigrant and spouse are required. I imagine that
different addresses would pose some sort of problem.
I am mainly concerned because I do not have a lot of proof of our
marriage being entered in good faith, other than Affidavits from
friends & relatives. We both worked & lived at a resort, so there is
no lease. My name is on his savings account, but we have separate
checking accounts. Bills were in his name only, because I didn't have
any credit established. Also, the instructions on form I-751 ask for
evidence from the beginning of the marriage to the time of filing.
Would it be best to file jointly, but include explanation on the
current circumstances, possibly an affidavit from my husband
confirming that our marriage was entered in good faith?
Or would it be better to start the divorce process? How would I go
about getting my conditions removed in this case?
In the first case, when would we be able to file for divorce? While
the Removal of conditions is pending or after it is approved?
The law is not very clear on this situation, so I would appreciate any
information that can point me in the right direction.
TIA,
DC
Nov 5th 2004, 8:44 pm
#2
BE Enthusiast
Joined: Nov 2003
Posts: 325
Re: Advice please: Removal of conditions during separation
Dc:
Probably it would take a while to get a divorce done in your state and you will not be able to have it finalized by January of 2005. What you could do is to file a Joint I-751 which would take almost a year to get adjudicated, and after you file, pursue divorce proceedings. Once you are divorced you could re-file the form I-751 with a waiver of the joint filing requirement. An affidavit from your USC spouse will help a lot to prove your bona fide nature but I am still very concerned about the fact that you do not have enough evidences to show a comingling of finances.
Also take into account that the chances of approval under a Jointly Filed I-751 are 99.9%....and that filing a waiver petition especially in a case where there are not solid evidence is a very risky thing to do.
Although the law is not clear, and remains a gray area, the courts, the BIA, and Immigration Judges have determined that an alien CANNOT BE APPROVED ON A JOINT I-751 if a DIVORCE ocurrs prior to its ajudication. It is your obligation to immediately after to re-file a form I-751 under waiver ground. USCIS can easily find out if you hide an eventual divorce, when you file for naturalization [since you have to submit copies of divorce papers] or if your USC spouse applies for somebody else. They could revoke your green card and put you in remova proceedings.
Probably it would take a while to get a divorce done in your state and you will not be able to have it finalized by January of 2005. What you could do is to file a Joint I-751 which would take almost a year to get adjudicated, and after you file, pursue divorce proceedings. Once you are divorced you could re-file the form I-751 with a waiver of the joint filing requirement. An affidavit from your USC spouse will help a lot to prove your bona fide nature but I am still very concerned about the fact that you do not have enough evidences to show a comingling of finances.
Also take into account that the chances of approval under a Jointly Filed I-751 are 99.9%....and that filing a waiver petition especially in a case where there are not solid evidence is a very risky thing to do.
Although the law is not clear, and remains a gray area, the courts, the BIA, and Immigration Judges have determined that an alien CANNOT BE APPROVED ON A JOINT I-751 if a DIVORCE ocurrs prior to its ajudication. It is your obligation to immediately after to re-file a form I-751 under waiver ground. USCIS can easily find out if you hide an eventual divorce, when you file for naturalization [since you have to submit copies of divorce papers] or if your USC spouse applies for somebody else. They could revoke your green card and put you in remova proceedings.
Nov 8th 2004, 2:29 pm
#3
Guest
Posts: n/a
Re: Advice please: Removal of conditions during separation
AGUILA,
thank you for the information you provided.
I have a few more questions though.
I am wondering how my status would be affected in the different
scenarios. My conditional green card expires in April and it doesn't
look like anything will be resolved by then.
I assume in the case of a pending I-751 my status as conditional
resident would be somehow extended. Right?
What if I were to file for divorce now? It is my understanding that I
would not be able to file for the conditions to be removed until the
divorce is final. What would my status be in the meantime and what
kind of actions have to be taken?
As I wrote in my original post, it looks like my husband would
cooperate, but of course there is hurt feelings involved and it is
rather unpredictable.
As for the evidence I need to show that our marriage was legitimate -
I think I can gather some more. We haven't been on any leases
together, but could that be substituted by Affidavits from people that
have witnessed us living together (i.e. the person responsible for the
employee housing at our work place; room mates at a house where we
lived last winter)?
Also, I have a witness for my husbands unfaithfulness during my last
visit to Germany. Is it necessary to go into that much detail?
At this point in time, I'm not sure if I'll end up staying in the U.S.
but would like to make this decision when I'm ready for it. It looks
like the removal of the conditions will be a lenghty procedure in
either case.
Yours or anyone else's input would be greatly appreciated.
DC
"AGUILA" <member18343@british_expats.com> wrote in message
news:[email protected] m...
> > I would greatly appreciate any advice on the best way to get the
> > conditions on my green card removed under these special
circumstances:
> >
> > My husband & I got married in April 2002 in Germany, direct filed
for
> > immigration through the consulate in Frankfurt.
> > I immigrated to the U.S. in April 2003 & got issued a conditional
> > green card.
> > Since, our marriage has slowly deteriorated and we have ended up
> > living separated from each other since August of this year. We
haven't
> > filed for dissolution yet, but it looks like we will eventually.
> >
> > I will have to file for the removal of conditions in January 2005.
> > From the way things look right now, my husband would probably file
for
> > this jointly with me. However, on the actual form I-751 both the
> > addresses of the immigrant and spouse are required. I imagine that
> > different addresses would pose some sort of problem.
> >
> > I am mainly concerned because I do not have a lot of proof of our
> > marriage being entered in good faith, other than Affidavits from
> > friends & relatives. We both worked & lived at a resort, so there
is
> > no lease. My name is on his savings account, but we have separate
> > checking accounts. Bills were in his name only, because I didn't
have
> > any credit established. Also, the instructions on form I-751 ask
for
> > evidence from the beginning of the marriage to the time of filing.
> >
> > Would it be best to file jointly, but include explanation on the
> > current circumstances, possibly an affidavit from my husband
> > confirming that our marriage was entered in good faith?
> > Or would it be better to start the divorce process? How would I go
> > about getting my conditions removed in this case?
> > In the first case, when would we be able to file for divorce?
While
> > the Removal of conditions is pending or after it is approved?
> >
> > The law is not very clear on this situation, so I would appreciate
any
> > information that can point me in the right direction.
> >
> > TIA,
> >
> > DC
> Dc:
> Probably it would take a while to get a divorce done in your state
and
> you will not be able to have it finalized by January of 2005. What
you
> could do is to file a Joint I-751 which would take almost a year to
get
> adjudicated, and after you file, pursue divorce proceedings. Once
you
> are divorced you could re-file the form I-751 with a waiver of the
> joint filing requirement. An affidavit from your USC spouse will
help
> a lot to prove your bona fide nature but I am still very concerned
> about the fact that you do not have enough evidences to show a
> comingling of finances.
> Also take into account that the chances of approval under a Jointly
> Filed I-751 are 99.9%....and that filing a waiver petition
especially in
> a case where there are not solid evidence is a very risky thing to
do.
> Although the law is not clear, and remains a gray area, the courts,
the
> BIA, and Immigration Judges have determined that an alien CANNOT BE
> APPROVED ON A JOINT I-751 if a DIVORCE ocurrs prior to its
ajudication.
> It is your obligation to immediately after to re-file a form I-751
under
> waiver ground. USCIS can easily find out if you hide an eventual
> divorce, when you file for naturalization [since you have to submit
> copies of divorce papers] or if your USC spouse applies for somebody
> else. They could revoke your green card and put you in remova
> proceedings.
> --
> Posted via http://britishexpats.com
thank you for the information you provided.
I have a few more questions though.
I am wondering how my status would be affected in the different
scenarios. My conditional green card expires in April and it doesn't
look like anything will be resolved by then.
I assume in the case of a pending I-751 my status as conditional
resident would be somehow extended. Right?
What if I were to file for divorce now? It is my understanding that I
would not be able to file for the conditions to be removed until the
divorce is final. What would my status be in the meantime and what
kind of actions have to be taken?
As I wrote in my original post, it looks like my husband would
cooperate, but of course there is hurt feelings involved and it is
rather unpredictable.
As for the evidence I need to show that our marriage was legitimate -
I think I can gather some more. We haven't been on any leases
together, but could that be substituted by Affidavits from people that
have witnessed us living together (i.e. the person responsible for the
employee housing at our work place; room mates at a house where we
lived last winter)?
Also, I have a witness for my husbands unfaithfulness during my last
visit to Germany. Is it necessary to go into that much detail?
At this point in time, I'm not sure if I'll end up staying in the U.S.
but would like to make this decision when I'm ready for it. It looks
like the removal of the conditions will be a lenghty procedure in
either case.
Yours or anyone else's input would be greatly appreciated.
DC
"AGUILA" <member18343@british_expats.com> wrote in message
news:[email protected] m...
> > I would greatly appreciate any advice on the best way to get the
> > conditions on my green card removed under these special
circumstances:
> >
> > My husband & I got married in April 2002 in Germany, direct filed
for
> > immigration through the consulate in Frankfurt.
> > I immigrated to the U.S. in April 2003 & got issued a conditional
> > green card.
> > Since, our marriage has slowly deteriorated and we have ended up
> > living separated from each other since August of this year. We
haven't
> > filed for dissolution yet, but it looks like we will eventually.
> >
> > I will have to file for the removal of conditions in January 2005.
> > From the way things look right now, my husband would probably file
for
> > this jointly with me. However, on the actual form I-751 both the
> > addresses of the immigrant and spouse are required. I imagine that
> > different addresses would pose some sort of problem.
> >
> > I am mainly concerned because I do not have a lot of proof of our
> > marriage being entered in good faith, other than Affidavits from
> > friends & relatives. We both worked & lived at a resort, so there
is
> > no lease. My name is on his savings account, but we have separate
> > checking accounts. Bills were in his name only, because I didn't
have
> > any credit established. Also, the instructions on form I-751 ask
for
> > evidence from the beginning of the marriage to the time of filing.
> >
> > Would it be best to file jointly, but include explanation on the
> > current circumstances, possibly an affidavit from my husband
> > confirming that our marriage was entered in good faith?
> > Or would it be better to start the divorce process? How would I go
> > about getting my conditions removed in this case?
> > In the first case, when would we be able to file for divorce?
While
> > the Removal of conditions is pending or after it is approved?
> >
> > The law is not very clear on this situation, so I would appreciate
any
> > information that can point me in the right direction.
> >
> > TIA,
> >
> > DC
> Dc:
> Probably it would take a while to get a divorce done in your state
and
> you will not be able to have it finalized by January of 2005. What
you
> could do is to file a Joint I-751 which would take almost a year to
get
> adjudicated, and after you file, pursue divorce proceedings. Once
you
> are divorced you could re-file the form I-751 with a waiver of the
> joint filing requirement. An affidavit from your USC spouse will
help
> a lot to prove your bona fide nature but I am still very concerned
> about the fact that you do not have enough evidences to show a
> comingling of finances.
> Also take into account that the chances of approval under a Jointly
> Filed I-751 are 99.9%....and that filing a waiver petition
especially in
> a case where there are not solid evidence is a very risky thing to
do.
> Although the law is not clear, and remains a gray area, the courts,
the
> BIA, and Immigration Judges have determined that an alien CANNOT BE
> APPROVED ON A JOINT I-751 if a DIVORCE ocurrs prior to its
ajudication.
> It is your obligation to immediately after to re-file a form I-751
under
> waiver ground. USCIS can easily find out if you hide an eventual
> divorce, when you file for naturalization [since you have to submit
> copies of divorce papers] or if your USC spouse applies for somebody
> else. They could revoke your green card and put you in remova
> proceedings.
> --
> Posted via http://britishexpats.com
Nov 8th 2004, 3:24 pm
#4
BE Enthusiast
Joined: Nov 2003
Posts: 325
Re: Advice please: Removal of conditions during separation
Dc:
"I assume in the case of a pending I-751 my status as conditional
resident would be somehow extended. Right?"
Once you file the form I-751 your status will be extended until its adjudication. You will receive a Notice of Action ("NOA") as a receipt of your filing and in it it will be stated your status is extended for employment and travel purposes.
"What if I were to file for divorce now? It is my understanding that I
would not be able to file for the conditions to be removed until the
divorce is final. What would my status be in the meantime and what
kind of actions have to be taken?"
Once divorce proceedings are started your status will be the same, a conditional permanent resident. After the divorce is granted you must re-file the form I-751 and that will automatically withdraw the pending Jointly Filed I-751. Again, you will receive another NOA.
"As for the evidence I need to show that our marriage was legitimate -
I think I can gather some more. We haven't been on any leases
together, but could that be substituted by Affidavits from people that
have witnessed us living together (i.e. the person responsible for the
employee housing at our work place; room mates at a house where we
lived last winter)?"
Those affidavits will certainly help.
"Also, I have a witness for my husbands unfaithfulness during my last
visit to Germany. Is it necessary to go into that much detail?"
You must go in as much detail as possible since once you file a waiver petition the burden of proof is in you, meaning that you must prove by clear and convicing evidence that you entered into the marriage in good faith. If he was unfaithful, it would be a good idea to base your divorce on adultery grounds.
"At this point in time, I'm not sure if I'll end up staying in the U.S.
but would like to make this decision when I'm ready for it. It looks
like the removal of the conditions will be a lenghty procedure in
either case."
It is a lenghty procedure. I have been dealing with it for almost two years and it could be dragged for one more year perhaps. It is very stressful, but with good supportive evidence you will get it over.
"I assume in the case of a pending I-751 my status as conditional
resident would be somehow extended. Right?"
Once you file the form I-751 your status will be extended until its adjudication. You will receive a Notice of Action ("NOA") as a receipt of your filing and in it it will be stated your status is extended for employment and travel purposes.
"What if I were to file for divorce now? It is my understanding that I
would not be able to file for the conditions to be removed until the
divorce is final. What would my status be in the meantime and what
kind of actions have to be taken?"
Once divorce proceedings are started your status will be the same, a conditional permanent resident. After the divorce is granted you must re-file the form I-751 and that will automatically withdraw the pending Jointly Filed I-751. Again, you will receive another NOA.
"As for the evidence I need to show that our marriage was legitimate -
I think I can gather some more. We haven't been on any leases
together, but could that be substituted by Affidavits from people that
have witnessed us living together (i.e. the person responsible for the
employee housing at our work place; room mates at a house where we
lived last winter)?"
Those affidavits will certainly help.
"Also, I have a witness for my husbands unfaithfulness during my last
visit to Germany. Is it necessary to go into that much detail?"
You must go in as much detail as possible since once you file a waiver petition the burden of proof is in you, meaning that you must prove by clear and convicing evidence that you entered into the marriage in good faith. If he was unfaithful, it would be a good idea to base your divorce on adultery grounds.
"At this point in time, I'm not sure if I'll end up staying in the U.S.
but would like to make this decision when I'm ready for it. It looks
like the removal of the conditions will be a lenghty procedure in
either case."
It is a lenghty procedure. I have been dealing with it for almost two years and it could be dragged for one more year perhaps. It is very stressful, but with good supportive evidence you will get it over.
Nov 22nd 2004, 6:04 am
#5
Guest
Posts: n/a
Re: Advice please: Removal of conditions during separation
"DC" <[email protected]> wrote in message news:<[email protected]>...
> I would greatly appreciate any advice on the best way to get the
> conditions on my green card removed under these special circumstances:
>
> My husband & I got married in April 2002 in Germany, direct filed for
> immigration through the consulate in Frankfurt.
> I immigrated to the U.S. in April 2003 & got issued a conditional
> green card.
> Since, our marriage has slowly deteriorated and we have ended up
> living separated from each other since August of this year. We haven't
> filed for dissolution yet, but it looks like we will eventually.
>
> I will have to file for the removal of conditions in January 2005.
> From the way things look right now, my husband would probably file for
> this jointly with me. However, on the actual form I-751 both the
> addresses of the immigrant and spouse are required. I imagine that
> different addresses would pose some sort of problem.
> ...
(snip)
Hi DC,
I am in the same situation as you are. I filed the I-751 (jointly)
Feb/04, and I did just what you were thinking about and included a
letter informing them of the situation. I figured that the safest
thing to do was to sit tight and not start divorce proceedings until I
heard from them. Well, they cashed my check and I got the NOA about a
month later, so hopefully that was acceptable. I am due to hear back
any day now, so I'll keep you posted.
Fortunately, my soon-to-be ex-husband and I are on great terms, (the
relationship just didn't work out, nobody at fault) and he is
supportive and willing to help me do what I need to so that I can
continue living here. Please post (or email me) with an update on what
you decide to do. Good luck!
-Jocelyn
> I would greatly appreciate any advice on the best way to get the
> conditions on my green card removed under these special circumstances:
>
> My husband & I got married in April 2002 in Germany, direct filed for
> immigration through the consulate in Frankfurt.
> I immigrated to the U.S. in April 2003 & got issued a conditional
> green card.
> Since, our marriage has slowly deteriorated and we have ended up
> living separated from each other since August of this year. We haven't
> filed for dissolution yet, but it looks like we will eventually.
>
> I will have to file for the removal of conditions in January 2005.
> From the way things look right now, my husband would probably file for
> this jointly with me. However, on the actual form I-751 both the
> addresses of the immigrant and spouse are required. I imagine that
> different addresses would pose some sort of problem.
> ...
(snip)
Hi DC,
I am in the same situation as you are. I filed the I-751 (jointly)
Feb/04, and I did just what you were thinking about and included a
letter informing them of the situation. I figured that the safest
thing to do was to sit tight and not start divorce proceedings until I
heard from them. Well, they cashed my check and I got the NOA about a
month later, so hopefully that was acceptable. I am due to hear back
any day now, so I'll keep you posted.
Fortunately, my soon-to-be ex-husband and I are on great terms, (the
relationship just didn't work out, nobody at fault) and he is
supportive and willing to help me do what I need to so that I can
continue living here. Please post (or email me) with an update on what
you decide to do. Good luck!
-Jocelyn
Jan 15th 2005, 3:05 am
#6
Just Joined
Joined: Jan 2005
Posts: 4
Re: Advice please: Removal of conditions during separation
Originally Posted by J_tcn
"DC" <[email protected]> wrote in message news:<[email protected]>...
> I would greatly appreciate any advice on the best way to get the
> conditions on my green card removed under these special circumstances:
>
> My husband & I got married in April 2002 in Germany, direct filed for
> immigration through the consulate in Frankfurt.
> I immigrated to the U.S. in April 2003 & got issued a conditional
> green card.
> Since, our marriage has slowly deteriorated and we have ended up
> living separated from each other since August of this year. We haven't
> filed for dissolution yet, but it looks like we will eventually.
>
> I will have to file for the removal of conditions in January 2005.
> From the way things look right now, my husband would probably file for
> this jointly with me. However, on the actual form I-751 both the
> addresses of the immigrant and spouse are required. I imagine that
> different addresses would pose some sort of problem.
> ...
(snip)
Hi DC,
I am in the same situation as you are. I filed the I-751 (jointly)
Feb/04, and I did just what you were thinking about and included a
letter informing them of the situation. I figured that the safest
thing to do was to sit tight and not start divorce proceedings until I
heard from them. Well, they cashed my check and I got the NOA about a
month later, so hopefully that was acceptable. I am due to hear back
any day now, so I'll keep you posted.
Fortunately, my soon-to-be ex-husband and I are on great terms, (the
relationship just didn't work out, nobody at fault) and he is
supportive and willing to help me do what I need to so that I can
continue living here. Please post (or email me) with an update on what
you decide to do. Good luck!
-Jocelyn
> I would greatly appreciate any advice on the best way to get the
> conditions on my green card removed under these special circumstances:
>
> My husband & I got married in April 2002 in Germany, direct filed for
> immigration through the consulate in Frankfurt.
> I immigrated to the U.S. in April 2003 & got issued a conditional
> green card.
> Since, our marriage has slowly deteriorated and we have ended up
> living separated from each other since August of this year. We haven't
> filed for dissolution yet, but it looks like we will eventually.
>
> I will have to file for the removal of conditions in January 2005.
> From the way things look right now, my husband would probably file for
> this jointly with me. However, on the actual form I-751 both the
> addresses of the immigrant and spouse are required. I imagine that
> different addresses would pose some sort of problem.
> ...
(snip)
Hi DC,
I am in the same situation as you are. I filed the I-751 (jointly)
Feb/04, and I did just what you were thinking about and included a
letter informing them of the situation. I figured that the safest
thing to do was to sit tight and not start divorce proceedings until I
heard from them. Well, they cashed my check and I got the NOA about a
month later, so hopefully that was acceptable. I am due to hear back
any day now, so I'll keep you posted.
Fortunately, my soon-to-be ex-husband and I are on great terms, (the
relationship just didn't work out, nobody at fault) and he is
supportive and willing to help me do what I need to so that I can
continue living here. Please post (or email me) with an update on what
you decide to do. Good luck!
-Jocelyn
I am at the same situation with you guys, I have moved out about 6 months ago, and I filed I-751 on Jul04 thru NSC, I didn't file divorce yet until I hear from NSC. But another the current update, I think I am waiting forever. Yesterday, my soon-to-be ex-husband requested me to sign more paper in order agree not have our house and our own property, then he will assist me to process the file stage of my I-751.
I don't know should I file divorce first now or should I wait till NSC approve my status?
help/ancmys
Jan 15th 2005, 11:54 am
#7
BE Forum Addict
Joined: Dec 2003
Posts: 1,430
Re: Advice please: Removal of conditions during separation
Here is a memorandum that may be of interest to the parties here.
http://uscis.gov/graphics/lawsregs/h...iver041003.pdf
Here is another one. Some have disagreed with what this second memo recommends.
http://www.immigration.com/newsletter1/nscondivorce.pdf
http://uscis.gov/graphics/lawsregs/h...iver041003.pdf
Here is another one. Some have disagreed with what this second memo recommends.
http://www.immigration.com/newsletter1/nscondivorce.pdf
Jan 15th 2005, 9:27 pm
#8
Just Joined
Joined: Dec 2004
Posts: 28
Re: Advice please: Removal of conditions during separation
Originally Posted by ancmys
Jocelyn and DC,
I am at the same situation with you guys, I have moved out about 6 months ago, and I filed I-751 on Jul04 thru NSC, I didn't file divorce yet until I hear from NSC. But another the current update, I think I am waiting forever. Yesterday, my soon-to-be ex-husband requested me to sign more paper in order agree not have our house and our own property, then he will assist me to process the file stage of my I-751.
I don't know should I file divorce first now or should I wait till NSC approve my status?
help/ancmys
I am at the same situation with you guys, I have moved out about 6 months ago, and I filed I-751 on Jul04 thru NSC, I didn't file divorce yet until I hear from NSC. But another the current update, I think I am waiting forever. Yesterday, my soon-to-be ex-husband requested me to sign more paper in order agree not have our house and our own property, then he will assist me to process the file stage of my I-751.
I don't know should I file divorce first now or should I wait till NSC approve my status?
help/ancmys
I am also in the same situation as you. I filed I-751 jointly in Feb 04 at NSC. My conditional green card was extended for one year but I have not heard anything from NSC since then. NSC is so backlogged, I dont know how long it will take to remove the conditions. Meanwhile our marriage is deteriorating, but none of us has filed for divorce yet. I know that once the conditions are removed, my status as a permanent resident will not be affected by divorce. Please correct me if I am wrong.
