Help?
 

Hi...
Entered the US last september 07 using my K3visa and soon after received my permanent resident card which expires 2009....Our marriage has semi collapsed after 9mths and now we live apart...Do i need to leave and return to the UK or is there any point in filing for the conditions to be removed alone as im sure that will be the case?(sorry if this is the wrong forum to discuss this matter?)
Any advice appreciated....thanks

Re: Help?
 

Get a divorce before you can file to remove condition
Ensure you file the AR11 after you moved

Re: Help?
 

Sorry to hear about your marriage. If you want to stay in the USA, you'll have to file the I-751 with the waiver, but unfortunately you can only do that once the divorce is final and you have the divorce decree in hand.

I don't know how long it takes to process a divorce where you live, but you are allowed to file the I-751 late if you are still waiting for the divorce decree to come in.

Are you on good terms with your wife? Are you guys trying to work out your problems at all? If so, perhaps she would file the joint I-751 with you when the time comes, if there is hope that you'll work things out.

Best Wishes,
Rene

Re: Help?
 

Englishoak,

In order to remove the conditions from your green card with the waiver, you'll need your divorce decree for sure. Plus, you'll need evidence which demonstrates you entered the marriage in good faith. Usually this is the same type of evidence you use at the AOS interview. If you got approved for your green card without an interview, you might not have collected all the evidence in one place. But you will need proof of the good faith marriage...joint documents, joint tax returns, etc.

Best Wishes,
Rene

Re: Help?
 

No. You *are* a US permanent resident... and you remain a PR until an immigration judge says you aren't.


There is a point, yes. However, whether or not you wish to pursue it is entirely up to you.

Ian

Re: Help?
 

You've really been through the wringer with this marriage haven't you Englishoak. You are one hell of a strong individual for having gone through all of this and now to have the marriage, once again, come to the point of a divorce.

Gather all the information she will allow you to have to prove the validity of your marriage from day one. This would include leases, utility bills, credit cards, healthcare cards, taxes, marriage license, and when the divorce is final you can file for the waiver as others have said.

Wishing a speedy conclusion to problem.

Re: Help?
 

Pedantic Stuart strikes! The "abused spouse" waiver does not need a final divorce.

Re: Help?
 

Nooo..My dog is the strong one.. to cross the Atlantic five times and spend 6mths in Quarantine during this great adventure....Now thats what i call *good faith*...thanks for the advice guys..