Heffalump13

My understanding is that I can apply for removal of conditions 180 days before my GC expires. Is this no longer the case? Do I have to wait until there are 90 days left?

I'm not applying for a waiver, because NC law states I can't file for divorce until a year of separation has passed, so I won't be divorced by the time I have to file for removal of conditions.


Thank you for your help. Evidence-gathering starts now.

Noorah101

If you are filing an I-751 with waiver, you can file the I-751 immediately after the divorce is final, or anytime thereafter. You do not need to wait until the 90-day window just before the GC expires.

There is no 180-day window that I'm aware of.

Rene

S Folinsky

On the waiver of joint petition there is no window.

civilservant

Surely you will have too - you cannot claim you are in a continuing marital union (which is the basis of your RoC) with someone you are planning to divorce. Sounds like misrepresentation to me.

ian-mstm

You might want to review post #10... especially the last 2 points. Many people will file an I-751 within the 90-day window and then file an I-751 waiver once the divorce is final. This is perfectly acceptable and within the parameters of what is allowed.

Ian

ian-mstm

If someone is still married, there's no mechanism to file a waiver (other than for abuse)... so the obligation remains to file within the 90-day window... whether separated or not.

Ian

S Folinsky

Really?

I recall a joint petition I got approved about 10 years back -- the couple was quite separated -- wife had moved to Texas the year before. She was also six month pregnant at the interview. Went through like a hot knife through butter.

Heffalump13

I wasn't planning to claim marital union. I was planning on filing as a married person (so a joint petition which, as my husband and I are still on civil terms, he is happy to do) but with the clear explanation through evidence that we are separated and plan to divorce. I have to wait until September, when we formally separated and I moved out for good, to file for divorce under NC law. I therefore have no option but to file as a married person in April, when I must file my petition for removal of conditions.

Heffalump13

Thanks. I can't file for a waiver as I cannot currently file for divorce under NC law.

Heffalump13

That was my understanding too: I have to file as a married person, as we are not divorced and cannot file for divorce before September this year (a month after my GC will expire).

I will seek advice from an NC immigration attorney also, but I wanted to see if anyone here had had this experience due to specific state laws (in NC you cannot file for divorce until you have been separated for 12 months). I was not planning on misrepresenting the fact that we are separated at all (the evidence I will submit will make that clear), but I was planning on filing as a married person (so a joint petition which, as my husband and I are still on civil terms, he is happy to do) because I have no other choice - we're not divorced, I'm not widowed, and he did not abuse me.

I have to wait until September, when we formally separated and I moved out for good, to file for divorce under NC law. I therefore have no option but to file as a married person in April, when I must file my petition for removal of conditions. Unless there is a nuance in the law that I am missing, or a special consideration for states with marital laws like this.

Heffalump13

This sounds very sensible indeed, and I hope I can do this.

I do have one question if I were to go ahead and file as a married person: given that the evidence you have to provide about the "entering into marriage in good faith", would it not be best just to be transparent from the outset (seeing as I clearly know we are separated and have been for almost five months now) and show that, although we had a bona fide marriage, we have since experienced irreconcilable differences and plan to divorce, and will subsequently file a waiver when we are able to file for divorce? It seems a little strange and duplicitous to me to provide evidence to show how great a marriage it is when you already know you plan on divorcing. Not to mention horribly painful.

Essentially, I do not want to misrepresent my position in any way. I did not want to separate from my husband; he told me the marriage was over. Now I want to stay in the country where I have made my home, bought a house, have pets, work at a great job etc. - even though I have to do that without him. I want to present a truthful case to the USCIS, and minimize any risk of jeopardizing my life here.

Heffalump13

Thank you. For some reason I remember reading you could file the I-751 six months before the expiration of your GC. Good to know it's 90 days. I have a couple of months to gather evidence and find a good immigration attorney in NC.

ian-mstm

Such evidence is required only when filing the waiver. It isn't actually required when filing jointly.


Actually... no.


While it seems counter-intuitive, if you file jointly you need to include such evidence as supports the joint application. Evidence that doesn't support a joint application should not be included - regardless of whether or not you believe it should be.


As I mentioned earlier, you will be filing within the allowed criteria. I am not unsympathetic to your situation - but you have limited options in your current situation, so you need to work within the limits of what is allowed rather than what would be nice!

Ian

Heffalump13

Thank you. That's all I needed to know. I do understand you're not being unsympathetic. My main issue is being able to stay and I want to ensure I don't do anything wrong that may affect that possibility adversely. Thanks again for your help.

Heffalump13

"While it seems counter-intuitive, if you file jointly you need to include such evidence as supports the joint application. Evidence that doesn't support a joint application should not be included - regardless of whether or not you believe it should be."


One last question about this: If I/we get called for interview, what then? As we are separated, we wouldn't want to go to interview and present as still together. That would surely then be misrepresenting our situation?