Visa

I got married in 2000, got my conditional GC in Jan 01. It appears
I'll be getting divorced in June 03. Things just didn't work out as we
hoped.

I read that I can apply to have the conditions removed upon divorce
and that I will be allowed to stay (as long as I did not enter the US
on fraudulent grounds).

Is there anything else I should be aware of? Do I just file the
request to remove conditions and thats it?

Thanks

Ronnie

Andy Platt

You've got one big problem. You needed to file for removal of conditions
before the two years from Jan '01 was up. You could have filed 90 days
before that in fact though the law is you have to file at least by the
second anniversary.

Anyway, you're still married so file ASAP jointly and worry about the
separation if that happens later.

Andy.

--
I'm not really here - it's just your warped imagination.
"visa" wrote in message
news:[email protected]...
    > I got married in 2000, got my conditional GC in Jan 01. It appears
    > I'll be getting divorced in June 03. Things just didn't work out as we
    > hoped.
    > I read that I can apply to have the conditions removed upon divorce
    > and that I will be allowed to stay (as long as I did not enter the US
    > on fraudulent grounds).
    > Is there anything else I should be aware of? Do I just file the
    > request to remove conditions and thats it?
    > Thanks
    > Ronnie

Folinskyinla

Hi:

If you are still married, your husband and you can file a joint petition. This has to be done generally within the 90 day window before expiry of the condition.

If you can't file a joint petition, then you can file an I-751 by yourself seeking a waiver of the condition. If you file as an abused spouse, you can file at any time. If you file for the "good faith" waiver, you must wait until after your divorce is final.

As for the waiver applications, the 90 day window is NOT applicable. The "good faith" can be filed at ANY time after the divorce and "abuse" can be filed at ANY time, period.

BTW, you can't seek multiple grounds on one I-751.

Ronnie Anderson

Ah, Sorry. I meant I got my Conditional GC in Jan 02.

So no problem with filing.

Ronnie


"Andy Platt" wrote in message news:...
    > You've got one big problem. You needed to file for removal of conditions
    > before the two years from Jan '01 was up. You could have filed 90 days
    > before that in fact though the law is you have to file at least by the
    > second anniversary.
    >
    > Anyway, you're still married so file ASAP jointly and worry about the
    > separation if that happens later.
    >
    > Andy.
    >
    > --
    > I'm not really here - it's just your warped imagination.
    > "visa" wrote in message
    > news:[email protected]...
    > > I got married in 2000, got my conditional GC in Jan 01. It appears
    > > I'll be getting divorced in June 03. Things just didn't work out as we
    > > hoped.
    > >
    > > I read that I can apply to have the conditions removed upon divorce
    > > and that I will be allowed to stay (as long as I did not enter the US
    > > on fraudulent grounds).
    > >
    > > Is there anything else I should be aware of? Do I just file the
    > > request to remove conditions and thats it?
    > >
    > > Thanks
    > >
    > > Ronnie
    > >
    > >

ScarlettHill

Hi,

This was the post I remembered reading when I talked to my friend (about removal of conditions despite separation - see post http://britishexpats.com/forum/showt...eferrerid=4283 ).


Her interview is Wednesday and her hubby is going to be there, despite the separation. I don't see how she can wait till after divorce to file removal of conditions as her interview is already about to happen. She wasn't an abused spouse.

Does the post above mean it is OK to file jointly even though you are separated? That's how I read it but I don't want to give my friend false hope. Does filing jointly mean BCIS will assume they are in fact together - they're not and not planning to say they are.

Help?

Regards
-=-
Scarlett

ScarlettHill

bump :}