Forum	Title	Content	Member	Sex	Country	Date/Time
Removing Conditions on Residency General Discussion	Theoretical Question - separation after initial evidence submission	Hi all, Hate to have my first post as a negative one but here is my situation. My wife (the petitioner) and I are having a few problems right now and I am looking for some advice as to what would happen if we were to separate after we sent in our I-751. My conditional green card expires 09/11/09 so I am going to mail the application back 06/11/09 as required (90 days before green card expiration.) I am pretty confident that we would have plenty of the necessary evidence as cited in many posts here and the definitive list. We started our marriage with the best of intentions but things happen as I am sure you all know. I hope we can work through our current issues. If the worst was to happen and we did separate: A. If called for interview, what would happen if she didn't turn up? B. If we have plenty of evidence of a legit marriage, why would be called for interview? My feeling is that not many are called for interview. C. Could she call USCIS and tell them that we have separated and in some way jeopardise our application? Or are they not concerned as long as the application follows their guidelines and requirements at the date of submission? Like I said, our situation is not great right now and I hope it gets better. I just need to clarify what might happen to my status here. Forewarned is forearmed as they say! All replies appreciated,	ukguy34	Male	0	2008-11-20 12:06:00
Removing Conditions on Residency General Discussion	Different slant on submitted evidence if filing as divorcee?	So does anyone think I really need a lawyer for this application? I feel pretty confident in my evidence. Another thing, should I keep some stuff back just in case I get at RFE? Thanks	ukguy34	Male	0	2009-02-24 10:27:00
Removing Conditions on Residency General Discussion	Different slant on submitted evidence if filing as divorcee?	Any one know if the extension of a year to the GC letter is sent out in the same timely fashion as if you were filing jointly?	ukguy34	Male	0	2009-02-18 17:56:00
Removing Conditions on Residency General Discussion	Different slant on submitted evidence if filing as divorcee?	QUOTE (ukguy34 @ Feb 16 2009, 12:24 PM) <{POST_SNAPBACK}> QUOTE (mamatom @ Feb 14 2009, 11:27 PM) <{POST_SNAPBACK}> QUOTE (diadromous mermaid @ Feb 14 2009, 05:28 PM) <{POST_SNAPBACK}> QUOTE (mamatom @ Feb 13 2009, 11:00 PM) <{POST_SNAPBACK}> Hi ,there is no specified time to file, if u read some post, as soon as you are divorced you become illegal in the eyes of immigration,your status was based on that marraige as soon as your divorce is final, file immeadiately. This isn't correct. The OP is an LPR, whether there are conditions or not, he is not illegal upon divorce. If the deadline to remove conditions passes then he could fall out of status, unless he can demonstrate that failing to petition to remove conditions was through no fault of his own. Trust me, when I was preparing my divorce papers I met with 2 Immigration officers whom I know personally and they told me this, Once you are the C resident, once your divorce is final, you automatically loose your right as a resident,based on the fact that the marraige / Status was based on the Con residency through marraige this is why you can file at anytime after your divorce, trust me, you go out of status once you get divorced, even though your card is still valid. this is the way they see it,if not we will all wait until 90 days before. I work closely with DHS guys and I can assure you this is the case, try google and see what is says about it. I'm pretty sure that provided you have the evidence to prove (based on their guidelines, which I have see above) that when you entered the marriage it was legit and not for the purposes of immigration, you are good to go. The process is the same whether you file jointly or not. I presume that by filing for a waiver of the joint filing requirements, your application is scruitinised more throughly but, again as I understand it, the burden of proof is on USCIS to prove that there was any evidence of fraud not the other way round. The reason for being able to file immediately after divorce is that there is no reason for the spouse to be involved. Feel free to chime in if people think differently. Another question, are the receipts that extend your valid status for a year issued in the same relatively timely fashion as if you were filing jointly?	ukguy34	Male	0	2009-02-16 12:27:00
Removing Conditions on Residency General Discussion	Different slant on submitted evidence if filing as divorcee?	QUOTE (mamatom @ Feb 14 2009, 11:27 PM) <{POST_SNAPBACK}> QUOTE (diadromous mermaid @ Feb 14 2009, 05:28 PM) <{POST_SNAPBACK}> QUOTE (mamatom @ Feb 13 2009, 11:00 PM) <{POST_SNAPBACK}> Hi ,there is no specified time to file, if u read some post, as soon as you are divorced you become illegal in the eyes of immigration,your status was based on that marraige as soon as your divorce is final, file immeadiately. This isn't correct. The OP is an LPR, whether there are conditions or not, he is not illegal upon divorce. If the deadline to remove conditions passes then he could fall out of status, unless he can demonstrate that failing to petition to remove conditions was through no fault of his own. Trust me, when I was preparing my divorce papers I met with 2 Immigration officers whom I know personally and they told me this, Once you are the C resident, once your divorce is final, you automatically loose your right as a resident,based on the fact that the marraige / Status was based on the Con residency through marraige this is why you can file at anytime after your divorce, trust me, you go out of status once you get divorced, even though your card is still valid. this is the way they see it,if not we will all wait until 90 days before. I work closely with DHS guys and I can assure you this is the case, try google and see what is says about it. I'm pretty sure that provided you have the evidence to prove (based on their guidelines, which I have see above) that when you entered the marriage it was legit and not for the purposes of immigration, you are good to go. The process is the same whether you file jointly or not. I presume that by filing for a waiver of the joint filing requirements, your application is scruitinised more throughly but, again as I understand it, the burden of proof is on USCIS to prove that there was any evidence of fraud not the other way round. The reason for being able to file immediately after divorce is that there is no reason for the spouse to be involved. Feel free to chime in if people think differently.	ukguy34	Male	0	2009-02-16 12:24:00
Removing Conditions on Residency General Discussion	Different slant on submitted evidence if filing as divorcee?	I have filed for divorce from my US citizen wife and all being well we should be divorced by mid June. It just didn't work out between us. Conditional card expires 09/11/09. I already have a lot of excellent evidence listed below. My question is is there anything specific that I should file as a divorcee applicant as opposed to a joint application? Evidence, copies of... Tax Transcripts 07 + 08 + W2s - filed jointly Pictures of the 2 of us through the last 2 years in a variety of situations with other people, family members (both sides of family,) wedding shots as well Selection of bills from the conditional period - phone, blockbuster total access, dentist bill, hospital bills Joint Car Insurance on our 2 cars Joint title on 1 car Joint Dental Insurance Joint Health Insurance - HIPA form Evidence of joint travel - flight intineries from 07 trip home to UK for Christmas Hotel bill from Thanksgiving trip to Philly - indicates the 2 of us. Joint bank accounts - savings and checking, statements from across the period 2 x affidavits from close friends, notarised Greetings Cards addressed to both of us Social Security card changed to her married name US passport in her name Joint leases for the last 2 years Copy front and back of GC Invoices of gifts purchased for each other. Anything else I should get? My main worry is that the affidavits give no indication of our private issues and there is really no indication we were heading for divorce.	ukguy34	Male	0	2009-02-13 18:33:00
Removing Conditions on Residency General Discussion	Best way to submit photos to USCIS	Hi there, I am about to submit my I 751 as a divorcee and have lots of great evidence based on people's experiences on this forum and others. Here is what I have: • Joint Bank Account Statements from various points in our marriage showing 2 different debit cards issued on the account, both cards being used and 2 pay checks being paid into the same account • Joint Savings Account in both our names + statements + 2 different accounts paying into the account • Joint Health Insurance Cards and Confirmation of Coverage Letter • Joint Car Insurance notifications and cards • Copy of Joint Title and Registration to our 2001 Chevy Cavalier • Joint Dental Insurance through Aflac • Cell Phone, Dental, Blockbuster Total Access, Joint YMCA membership and a Vet bill from various points in our marriage • Joint tenancy agreement from our previous residence • Letter confirming our residence at the Incarnation Center from January 1st 2008 until our seperation • Hotel receipts for our trips to Foxwoods Casino, York in the UK and Philadelphia + confirmation of purchase of 2 theater tickets. • Flight confirmation from our trip to the UK December 07 • Copies of invoices for gifts I purchased for Angela. • W2’s and Tax Transcripts for 2007 and 2008 • Copies of our Social Security cards showing Angela’s married name • Copy of back page of Angela’s passport showing Angela’s married name • Copy of our photo IDs showing Angela’s married name • Copy of the contract for our 2nd wedding in October 07 • 2 Notarized Affidavits from friends attesting to our public relationship. • A selection of photos from various points in our marriage • Copy of front and back of my Temporary Permanent Residence Card • Copy of our marriage certificate • Copy of our final divorce decree I have prepped the above as detailed on the USCIS website but I was wondering about how I could go about submitting the photos. I was thinking about plastic photo filing pages from an album with captions? Any ideas appreciated. Thanks	ukguy34	Male	0	2009-06-18 10:57:00