early divorce

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Old Aug 22nd 2002, 6:02 pm
  #1  
Claus
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Default early divorce

Hi,

I married my girlfriend of 4 years in 1999, got my conditional green card in Nov.
2000. Then, hell broke loose and we got divorced (Final July 19, 2002). So now I
have to file for the removal of the conditional and I feel helpless and don't know
what to do.

Here is what I have:

- Rental agreements from 1998-2002 for her and me (together)
- Old Bank statements of our shared account (before marriage already)
- Pictures, letter and e-mails going back 6 years
- Names of people who knew us as a couple when we met 6 years ago
- Statement from her that the marriage feel apart because of her and that she
filed for divorce and not me

But everybody tells me to get a Lawyer instead of filing myself. I contacted one in
San Francisco and she wants $100 for a first meeting and says the whole removal of
the condition will cost me between $1500 and $3500.

Any advice what I should do ? I am working but this is a lot of money, especially in
light of the credit card debt we created together and that I pay for now (so does she
to be fair...)

Can I file alone ? Should I file alone ? Is this price quote fair ? Any other
suggestions ?

Please help...I am so frustrated.

Thanks,

Claus
 
Old Aug 23rd 2002, 2:43 am
  #2  
Des
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Default Re: early divorce

Claus,

look up the removal of conditions in case of a divorce on the Doc Steen site
(Alvena and Rete both have it in their signatures). That will give you the
background information needed. I would personally try to find a good lawyer to get
you through this.

- Des
 
Old Aug 23rd 2002, 3:56 am
  #3  
Concierge
 
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Default Re: early divorce

Originally posted by Des:
Claus,

look up the removal of conditions in case of a divorce on the Doc Steen site
(Alvena and Rete both have it in their signatures). That will give you the
background information needed. I would personally try to find a good lawyer to get
you through this.

- Des
Claus

Sorry to hear the news. You are eligible to remove the conditions of your card asa your divorce is finalized. The evidence you have is good and mirrors the requirements on the instructions of form I-751. If you are doubts, look up Jackie Zimmerman. She did it successfully this past year.

May the future be better than the past.

Rete
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Old Aug 23rd 2002, 9:02 am
  #4  
Niraj Agarwalla
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Default Re: early divorce

"Claus" <[email protected]> wrote in message
news:<[email protected] >...

    > Hi,
    > I married my girlfriend of 4 years in 1999, got my conditional green card in Nov.
    > 2000. Then, hell broke loose and we got divorced (Final July 19, 2002). So now I
    > have to file for the removal of the conditional and I feel helpless and don't know
    > what to do.
    > Here is what I have:
    > - Rental agreements from 1998-2002 for her and me (together)
    > - Old Bank statements of our shared account (before marriage already)
    > - Pictures, letter and e-mails going back 6 years
    > - Names of people who knew us as a couple when we met 6 years ago
    > - Statement from her that the marriage feel apart because of her and that she
    > filed for divorce and not me
    > But everybody tells me to get a Lawyer instead of filing myself. I contacted one in
    > San Francisco and she wants $100 for a first meeting and says the whole removal of
    > the condition will cost me between $1500 and $3500.
    > Any advice what I should do ? I am working but this is a lot of money, especially
    > in light of the credit card debt we created together and that I pay for now (so
    > does she to be fair...)
    > Can I file alone ? Should I file alone ? Is this price quote fair ? Any other
    > suggestions ?
    > Please help...I am so frustrated.
    > Thanks,
    > Claus

In order to remove conditions, you have to prove that your marriage is real by
submitting copies of bank accounts, credit cards, health cards, anything prove that
you two are still together. You would be committing fraud if you do so, since you
will be an illegal with expiration of your Conditonal Green Card.
 
Old Aug 23rd 2002, 10:23 am
  #5  
Concierge
 
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Posts: 46,466
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Default Re: early divorce

In order to remove conditions, you have to prove that your marriage is real by
submitting copies of bank accounts, credit cards, health cards, anything prove that
you two are still together. You would be committing fraud if you do so, since you
will be an illegal with expiration of your Conditonal Green Card.
[/QUOTE]

Excuse me. You apparently do not know and have not read the I-751 form which is used to remove conditions from a conditional two year green card. It is perfectly legal for a divorced person to file for the removal of conditions after their divorce and before the expiration of the green card. While yes they have to prove the validity of their marriage, it is not a requirement that they still be married.

Now you have another tidbit of information to add to your knowledge of the workings of INS' rules and regulations.

Rete
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Old Aug 23rd 2002, 8:03 pm
  #6  
Des
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Default Re: early divorce

    > In order to remove conditions, you have to prove that your marriage is real by
    > submitting copies of bank accounts, credit cards, health cards, anything prove that
    > you two are still together. You would be committing fraud if you do so, since you
    > will be an illegal with expiration of your Conditonal Green Card.

The above is completely incorrect, the I-751 provides for such a case. You can
remove conditions immediately as long as you can prove by evidence that the marriage
was entered into in good faith. You do not commit fraud, and you will not be an
illegal with the expiration of your two-year green card, as you will have filed
I-751 before then.

- Des
 
Old Aug 24th 2002, 4:55 am
  #7  
Mrtravel
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Default Re: early divorce

You have the documentation. The form itself is easy to file.

If there is a problem later, you could always hire an attorney. I don't see why one
would be needed to just to file the form. All you do is send the form, the fee, and
copies of the documentation. But, that is up to you. Did you use one when you filed
the other paperwork?
 
Old Aug 24th 2002, 4:56 am
  #8  
Mrtravel
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Default Re: early divorce

Niraj Agarwalla wrote:
    > In order to remove conditions, you have to prove that your marriage is real by
    > submitting copies of bank accounts, credit cards, health cards, anything prove that
    > you two are still together. You would be committing fraud if you do so, since you
    > will be an illegal with expiration of your Conditonal Green Card.

WRONG... you can get it if you are divorced. That info is in the I-751 insructions.
 

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