Removal of conditions

Old Mar 18th 2008, 10:13 pm
  #1  
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Default Removal of conditions

I have a quessie, and I don't find it has been answered anywhere, or I didn't find it.

If your conditional status is about to expire, but you are only now starting divorce proceedings, and the OH won't file jointly, what is the recourse? Do you have to wait for removal proceedings so you can explain it to an IJ or what is the way from here?
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Old Mar 18th 2008, 10:26 pm
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Default Re: Removal of conditions

Originally Posted by Redlippie
I have a quessie, and I don't find it has been answered anywhere, or I didn't find it.

If your conditional status is about to expire, but you are only now starting divorce proceedings, and the OH won't file jointly, what is the recourse? Do you have to wait for removal proceedings so you can explain it to an IJ or what is the way from here?
Ouch!

If you are getting divorced, you are *not* permitted to file to remove conditions jointly. You have to get divorced first and then file for a waiver to remove conditions on your own.

I think a consultation with an immigration attorney might be a good idea.

btw, this has been covered here a few times - if you do a search you should come up with a few threads relating to people who have been through this.

Sorry about your bad news...
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Old Mar 18th 2008, 10:27 pm
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Default Re: Removal of conditions

Originally Posted by Redlippie
If your conditional status is about to expire, but you are only now starting divorce proceedings, and the OH won't file jointly, what is the recourse?
File the I-751 within those 90 days... whether jointly nor not. It will likely be denied... but remember that the obligation is to file. Once your divorce is final, you refile the I-751. If your I-751 is denied, you can appeal the decision and your status as a PR *is* maintained during those proceedings. The IJ has the final say.

Now, while you have the opportunity, gather together all the documentation you can to demonstrate that you did enter the marriage in good faith. You may not have an opportunity to get this stuff later on.

Ian
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Old Mar 18th 2008, 10:27 pm
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Default Re: Removal of conditions

Here is just one of several threads that come up if you search for "I-751 divorce":

http://britishexpats.com/forum/showt...t=I751+divorce
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