ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General DiscussionSham Marriage
With a marriage of only one month, how much cleaner can a divorce become? She's not entitled to much more than her personal possessions and a ticket back home, I'd imagine.
QUOTE (frostbitten @ Dec 15 2008, 08:48 PM) <{POST_SNAPBACK}>
Married for a month to k1. She tried to get me to help her get her gc by promising a clean divorce. She is living in my home. I notified ICE they took report. I am afraid to go home in fear she might try to trump up a charge of violence in order to self petition. I think she will self petition for aos anyway to buy time here. She lied by telling me she has no family here but she has a aunt in a nearby city and i have a photo with them. any advice would be appreciated. Thanks


diadromous mermaidFemale02008-12-15 20:58:00
Removing Conditions on Residency General DiscussionHELP!!! My wife was denied.
What does the certified receipt indicate as to the date of receipt of the documentation you sent?
QUOTE (cc2cuz @ Dec 7 2008, 04:52 PM) <{POST_SNAPBACK}>
Ok basically we were in the process of removing the conditional status on my wife. The uscis sent a letter requesting evidence and I needed to respond by Nov. 18th. We were waiting on some documents from State farm, so once we received them I got everything together and sent it off to the uscis on Nov. 12th. I told the post office worker that it needed to get there asap. I figured a week would be a lot of time for the papers to get there by the 18th.
My wife recently received a letter in the mail saying that her residence was denied due to abandonment. They are saying that they did not receive the evidence requested by the due date. Because it is an abandonment we cannot appeal but we can only file for a motion to reopen the decision.

Does anybody have any info on this. My wife and I are so stressed out. I could not have helped it if the post office screwed up and took forever for them to send my evidence. I have a certified mail receipt saying that I sent the envelope on the 12th. What can I do?? Are they going to deport my wife, because the post office took to long to send the evidence? Do I have any chance at explaining this to an immigration judge and reversing the decision. I'll talk all the info I can get
Thanks

diadromous mermaidFemale02008-12-07 16:55:00
Removing Conditions on Residency General Discussioni-751 approved without interview through divorce
It's true that in past years permanent residents that self-petitioned to remove conditions after a divorce waited much longer overall for a decision. There's no real impetus on the part of USCIS to shuffle these cases through as rapidly as those jointly-filed, since aliens would be required to wait until they had acquired PR for 4 years 9 months before filing for Naturalization.
QUOTE (mzagorski @ Dec 28 2008, 08:08 PM) <{POST_SNAPBACK}>
Can either of the last two posters point me to boards / timelines posted that show that a good faith waiver takes 1+ year? I'm on 3+ boards and haven't seen anything showing this. I also don't see why it should take any longer for a good faith waiver I751 vs. a regular one. if USCIS are going to take >6mo to do this, I'll be looking into my legal options.

Edited by diadromous mermaid, 28 December 2008 - 08:25 PM.

diadromous mermaidFemale02008-12-28 20:25:00
Removing Conditions on Residency General Discussionapartment?
Well, there are two forms of evidence that are required to be successful removing conditions on a green card. One is evidence that you commingle your financial lives, the other is that you share a residence. If you are residing with family and don't have a lease or mortgage of your own, per se, then yes an affidavit from your parents stating that you live with them could help toestablish the common residence situation, especially if one of the bonuses that you get from living with family means that you don't have any household living bills such as utilities to present.
QUOTE (lostGurl18 @ Jan 1 2009, 08:23 PM) <{POST_SNAPBACK}>
if you live with the parent of the sponsor ( husband especially on a cr1 route) do you still need to provide or get a lease contract or aggrement to prove that you are living together to prepare for removal of condition?

- does an type written affidavit of physical present ( notarized) with signatures of relatives and friends can be a sort of other proof of domicile records we could use for the re-application of our daughters Certificate birth abroad to get her here?


any help is highly appreciated.


diadromous mermaidFemale02009-01-01 20:55:00
Removing Conditions on Residency General DiscussionPermanent resident 3 years ago
What are you looking to protect? Your permanent residency or your bank account?
QUOTE (lak @ Jan 2 2009, 07:03 AM) <{POST_SNAPBACK}>
I am in the process of divorce in PA. I claimng divorce based on the separation for more than 2 years otherwise my wife will sit forever on my spousal support. Though I moved in 2006 I was still paying bills for my wife and we did not get separated officially till now. In Jan 2007
she wrote that she wants to her marriage to be over though we continued to stay in marriage and continued paying her bills even though I saw only two times during that period. Her lawyer says we are separated in Dec 2007.
It was true that I was paying her bills till Dec 2007 when I stopped paying her bills and her attorney says that is the actual separation date in Dec 2008. I am not changing any facts here. Now I realized that if I do as my attorney said I will be in trouble and I am wondering Jan 2007
can be claimed as a separation date when my wife wrote a letter that our marriage is over. I dont want to take any risks.
Thanks


diadromous mermaidFemale02009-01-02 19:28:00
Removing Conditions on Residency General DiscussionPermanent resident 3 years ago
Adjudication of a jointly filed I-751 is only prohibited by law if the parties are divorced. Being separated, physically, does not necessarily equate to being divorced. At least not in some states.
QUOTE (lak @ Dec 30 2008, 09:30 PM) <{POST_SNAPBACK}>
I became conditional permanent resident in Sep 2004. I was living with my wife in Ohio. I filed I 751 in June 2006 after completion of 1 year 9 months. My wife is in school. I have to move to Florida on work purposes and was staying in Florida since 2006 to till date. I got permanent green card in Dec 2006. I was supporting my wife, visiting her and paying her bills till 6 months ago even though things are not going well. Six months ago I told her that we should get divorced. She filed for divorce in PA and getting Alimony / spousal support from me. My attorney said to me that she wont give you divorce and will stay on APL for ever. He filed in court that we separated in June 2006. The case is pending in the court. My worry is what if Court says that if we have been separated in June 2006 how can I have a GC as my I 751 is approved in Dec 2006 when we are separated as per the court.


diadromous mermaidFemale02008-12-31 17:21:00
Removing Conditions on Residency General DiscussionI-751 Notification?
Sounds like it's new policy. I don't think it is necessary to include it, since it is simply a reminder. On the other hand, putting a copy of it in there wouldn't hurt. Unless regulations specify otherwise, I would never send any original to the Service.
QUOTE (another1 @ Jan 2 2009, 07:40 PM) <{POST_SNAPBACK}>
Hello, Happy New Year to All of VJers.

Today I received Notification/Reminder from USCIS,that I soon need to file I-751. My question is did you guys get it too and if so did you include this letter in your I-751 package?
Thank you in advance


diadromous mermaidFemale02009-01-02 20:07:00
Removing Conditions on Residency General Discussionabuse charges
QUOTE (burningcandle @ Jan 8 2009, 08:53 PM) <{POST_SNAPBACK}>
I just found out from USCIS that he committed Fraud and that he will be deported. They gave me the number to Immigration and Customs to contact him. She asked me if I had "proof" of his A&B charges, his neglect towards the kids, and any docs that have no "joint names together".. I told her I have all that. She asked if I have an appt w/ Immigration and I told her that next week I do. She said for me to show her the proof and they will take it from there.

So how does deportation work? Do they go to his job and escort him out? ..LOL. I have no clue about any of this.

Thanks soon to be mom for listening and giving your advise.

Well, for one, he isn't necessarily going to be deported, so I would prepare yourself emotionally for that. He has a green card and to rescind it at this point would be very unlikely and a waste of USCIS resources. His green card is a conditional one, and he will be given the opportunity to demonstrate his bonafide intentions when he petitions to remove those conditions in July. Just because you have reported your concerns to ICE and USCIS, he has rights to rebutt your claims and will be afforded the opportunity at the "removal of conditions" stage. However, the bar has been raised by your allegations.

In the event that he cannot demonstrate that he entered the marriage in good faith, his status would terminate. He would eventually be placed in removal proceedings and would be expected to depart the USA. If he doesn't he would be in unlawful status and subject to removal at any time. Whether ICE would eventually catch up with him is dependent upon how determined he is to remain.
diadromous mermaidFemale02009-01-09 08:31:00
Removing Conditions on Residency General Discussionabuse charges
Good faith means that the alien and the USC entered into the marriage with bonafide intentions to be married, and remain married and did not enter the marriage as a means to evade immigration laws.
QUOTE (burningcandle @ Jan 7 2009, 07:26 PM) <{POST_SNAPBACK}>
Thanks for your thoughts. But can someone explain "good faith". I heard that this marriage is in "good faith" be/c I flew to africa. Good faith happens to every single married couple out there b/c who knows what the future brings. I mean he did say he would pay me to stay in the states, when we get divorced, but I told him nope. Money isn't the answer to everything.........sanity is! helpsmilie.gif LOL. All I know is I have everything covered, I hope!!


diadromous mermaidFemale02009-01-07 20:31:00
Removing Conditions on Residency General Discussionabuse charges
Noone that is currently divorced would have joint documents now. One of the critical steps in terminating a marriage is removing parties from jointly-held bank accounts etc.
QUOTE (burningcandle @ Jan 6 2009, 04:24 PM) <{POST_SNAPBACK}>
hey, just wondering what the status is of someone who hasn't had their green card for 2 years, was charged 2 times with Assault and Battery, going through a divorce, and has no records NOW of being on wife's documents. What are his chances of staying? He is not on the lease agreement either. Thanks!!


diadromous mermaidFemale02009-01-07 19:42:00
Removing Conditions on Residency General DiscussionI-751 Aggrivation
But that has not taken effect yet, has it?
QUOTE (payxibka @ Jan 2 2009, 02:16 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Jan 1 2009, 07:51 PM) <{POST_SNAPBACK}>
Why would an otherwise valid driver's license expire when her green card expires?


to be compliant with the provisions of the REAL ID act


diadromous mermaidFemale02009-01-02 16:28:00
Removing Conditions on Residency General DiscussionI-751 Aggrivation
Why would an otherwise valid driver's license expire when her green card expires?
QUOTE (DrewNSue @ Jan 1 2009, 08:32 PM) <{POST_SNAPBACK}>
It's been awhile since I posted on the site, I had figured everything was going so smoothly. I should have known....

-January 8, 2008 submitted I-751 w/ tons of evidence (mortgage contracts, affadavits, mail, bank statements, insurance policies, child's birth certificate, etc)

-Recieved the NOA stating my wife's GC had been extended one year from date of reciept. (Jan 10, 2009)

-Called several times throughout the year to check on the case, and was told repeatedly it would be processed towards the end of the year or the start of the new year. (Vermont Service Center).

- Got back from visiting family for the holidays, on Monday Dec. 29, and there is a letter from USCIS waiting for us. "Great!" I think, and open it up. It is an RFE.

-Call USCIS, fuming, and explain the situation. Woman tells me she's sorry, and that the best I can do is submit the evidence as soon as possible, and schedule an INFOPASS appoitment to see about getting an extension or her GC somehow.

-Sent all the paperwork (everything in the original, with EVEN MORE inane stuff) in overnight, certified, via FedEx. They won't get it until Friday due to the holiday. Schedule the INFOPASS appointment for the earliest date available, January 22 (GC will be expired). And it is in Norfolk, an hour and forty-five minutes away, even though there is another office thirty minutes away. Grrrrrr.

So now, unless they process and approve her case in a few working days, my wife's green card will be expired. That also means her drivers license will be expired. We have a twenty month old daughter, and I work about thirty minutes away. I am so worried she will need to get somewhere and be unable to. This doesn't even mention the fact that her status is completely up-in-the-air. If she needs to prove her citizenship or show ID for any reason, we're in trouble.

I am at my whit's end. I am pretty sure that unless the case gets approved (and hasn't been suspended or held up in any way), we have to wait until the INFOPASS appointment. That leaves us dangling for two weeks without any proof of permanent residence. Is there anything else I can do? Has anyone had a similar thing happen to them at the I-751 stage? Thanks.

-Drew


diadromous mermaidFemale02009-01-01 20:51:00
Removing Conditions on Residency General DiscussionRequirements for 751 ?
QUOTE (motu @ Feb 15 2009, 12:22 PM) <{POST_SNAPBACK}>
3) Never carry the greencard on you if you have a driver's license -

This contraverts USCIS law and could place an alien in a position to be charged with a misdemeanor, subject to a fine or worse!.

QUOTE
Section 264 of the Immigration and Nationality Act provides that, "Every alien in the United States … shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations...." It also states, "Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him.... Any alien who fails to comply with [these] provisions shall be guilty of a misdemeanor" and may be subject to fine and/or imprisonment upon each conviction. The specific requirements and procedures for applying to replace a permanent resident card are included in the Code of Federal Regulations [CFR] at 8 CFR § 264.5.



diadromous mermaidFemale02009-02-15 12:55:00
Removing Conditions on Residency General DiscussionCheating - Any Effect on Citizenship?
Infidelity is rarely a sufficient ground to annul a marriage. Furthermore, how do you equate infidelity with fraud?
QUOTE (3600rs @ Feb 15 2009, 03:20 PM) <{POST_SNAPBACK}>
I am really confused by the poster who sometimes answers his own questions adding more to the confusion. About cheating: If the USC can get the marriage annulled because of a cheating spouse, family courts decide that fraud/cheating did occur and declare the marriage void, then yes I think the green card can be terminated by the CIS. I am not too sure since I read a posting a long time back somewhere on the same lines.
Correct me if I am wrong. Did I understand the posters question?


diadromous mermaidFemale02009-02-18 20:39:00
Removing Conditions on Residency General DiscussionCheating - Any Effect on Citizenship?
There are many very legitimate marriages where the parties take other lovers; however unconventional it might appear it does not indicate that the alien's primary motivation entering this marriage with the USC was for immigration benefit alone. That is the sole criteria used to determine that the marriage was not bonafide.
QUOTE (D & M @ Feb 15 2009, 03:02 PM) <{POST_SNAPBACK}>
QUOTE (rrobin @ Feb 15 2009, 02:37 PM) <{POST_SNAPBACK}>
QUOTE (D & M @ Feb 15 2009, 11:30 AM) <{POST_SNAPBACK}>
Why would the immigrant have to go back to his/her country of origin if he/she already has his/her green card? The immigrant didn't cross the border illegally.

And this isn't about a fake marriage. It's a real marriage. The husband and wife are very much in love, and everything immigration-wise was done according to all the rules. The US citizen loves the spouse and vice-versa Very much.

This is just about...say...tying up a loose end from the past. Evening the score so that the US citizen can get over something that happened a loooong time ago, that the US citizen just found out about.


The cheating itself can't be the reason for denial. The requirement for a good moral character comes up only for the citizenship phase. Even then it was the USC who cheated so I don't think LPR will have any problems due the act of cheating itself.

The USCIS however may argue the authenticity of their marriage because of this extramarital affair. The devil is in the details here. It all depends how much and what exactly USCIS knows about the cheating and what kind of explanation the couple has got for it. For instance, if cheating happened within let's say first 6 months of the marriage, USCIS may suspect that the couple entered into the relationship for immigration purposes.


Very interesting. Thanks for your answers. So, if the cheating was only for the purpose of "righting a wrong" that the LPR did to the USC Years and years ago that the USC just found out about (that reason alone), and it was over a year and a half into the marriage, both of them being loyal in the marriage up until that point, and after that point, then what kind of an issue might that be, if, say it was a married USCIS adjudicator that the USC cheated with?


diadromous mermaidFemale02009-02-16 09:06:00
Removing Conditions on Residency General DiscussionCheating - Any Effect on Citizenship?
I am just popping on to this post to clear up some very critical and very inappropriate references, for posterity.


QUOTE (Refrep @ Feb 15 2009, 11:07 AM) <{POST_SNAPBACK}>
I believe that the wife would have to leave to go to the Country of her origin even if the couple stays married. she would have to apply with Immigration for her visa to make herself have a legal status in the U.S. Deportation would more then likely take effect due to her illegal status in the States.

No not true. If the alien already has PR (permanent residency, whether conditional or not) her right to remain in the USA has already been decided. Furthermore, there is no visa required. A "visa" is not the equivalent of "status". A visa enables an alien to enter the USA. Status is the permission to remain in the USA for a period of time and is the result of an alien securing a visa and registering an intention to become a legal permanent resident.

There is no illegal status in the USA, just due to a divorce, unless that divorce occured before the alien was successful in adjusting his or her status from that of a non-immigrant to that of a legal permanent resident. Please let's not conjecture, especially if you are not sure of your answers.
diadromous mermaidFemale02009-02-15 13:06:00
Removing Conditions on Residency General DiscussionCheating - Any Effect on Citizenship?
The ICE agent is not the individual adjudicating an alien's petition. ICE is a separate agency. Do you mean that the USC is having an affair with an USCIS Adjudications Officer? Why would that matter?
QUOTE (D & M @ Feb 14 2009, 05:58 PM) <{POST_SNAPBACK}>
So as long as there is no divorce, cheating should have zero effect on the residency or citizenship? Even if, let's say there is an ICE agent in the room, while the cheating occurred? Or what if it was cheating with an ICE agent, and the ICE agent got mad later because the US citizen didn't return any phone calls?


diadromous mermaidFemale02009-02-15 13:00:00
Removing Conditions on Residency General DiscussionPossible I-751 denial
I'd think the only way to gain entry would be to attempt to be paroled into the country to appeal the decision.
QUOTE (martinnj99 @ Feb 20 2009, 07:52 PM) <{POST_SNAPBACK}>
Note I was thinking of this because I filed in early April, got my NOA and never received my biometrics letter. So in mid May I made an infopass appointment and they told me "you never showed up to your biometrics appt." The lady was nice, rescheduled it right on the spot and problem was averted. But what if this happens with an RFE and you dont go check with infopass every other week?


diadromous mermaidFemale02009-02-20 20:05:00
Removing Conditions on Residency General DiscussionREQUIREMENT SHOWING JOINT OCCUPANCY
QUOTE (James @ Mar 1 2008, 07:29 AM) <{POST_SNAPBACK}>
For all intents and purposes, it is a requirement. CIS does want proof that you are living together, or a plausible explanation why you are not living together. The purpose of the I-751 is to demonstrate to CIS that you did not enter into the marriage to avoid the immigration laws. Failure to show that you live together, or that you have a good reason for not living together, gives rise to a very strong inference of immigration fraud, and will at the very least lead to an RFE.

Rather than just a letter, draft a statement by your mother-in-law and plug it into the affidavit provided in the Example Forms section linked at the top of the page. Get the affidavit notarized and submit that as your proof of shared living arrangements.

A lease or mortgage doesn't demonstrate that the couple are residing together, all it shows is that they are both taking on the financial obligation. smile.gif

To the OP, absent a lease or mortgage, there are plenty of ways to show you live with your spouse. Your home has a mailbox, doesn't it? Do you both receive mail there? Do you both use that address on driver's licenses, membership, subscriptions, bills, credit cards?
diadromous mermaidFemale02008-03-01 17:46:00
Removing Conditions on Residency General DiscussionADVICE ANYONE? I COULD USE SOME...
QUOTE (CHARM3D @ Feb 25 2008, 07:31 PM) <{POST_SNAPBACK}>
I came to this country in January of 2005 to visit my father; a week latter at a party with friends of the family I met my husband; he was a very shy, but very sweet person and we became inseparable and started dating.
Although I was here only to visit, he soon started asking me to stay and asked me to marry him. I was surprised but I said yes and I was the happiest woman alive! It is after all every girl’s dream.
We didn’t have much going for us as I soon was to discover; he didn’t have a job and suffered from social anxiety disorder, but I believed in his promises about change and about being willing to do everything necessary to build a better life for us; and so we began preparing for the wedding. It was a simple ceremony in April, but beautiful and full of meaning, our family’s where present, my mother flew in from Portugal and so family and friends came together to celebrate our union. He didn’t have any money, so my family and I pulled together and we paid for the wedding. I wasn’t thrilled with the situation but I thought it would all soon fall into place and love would conquer all.
Soon after the wedding I began to realize that it wasn’t going to be easy at all to live with him. The day after our wedding he took of and left me at my family’s house and went to a friend’s house without me.
I had to take care of all contacts to find us an apartment and take care of bills, etc. because of his illness; he would not go into public places “because there where to many people there” and so I had the burden of taking care of all daily situations and all related immigration process that was necessary.
We rented a small apartment and started our lives together.
It was a long process, with him in and out of jobs, going to court for DUI and loosing his license, and me waiting for a work permit to be able to start working. Meanwhile I had to count on the support of my father and my family to keep us at float.
We would have altercations every time he had to go to a job interview or some place public or when we needed to discuss something important that needed to be taken care of because he would get very agitated and verbally abusive and would end up hurting my feelings and leaving. All his money would be spent on liquor and cigarettes and financially I could never depend on him. I wanted us to have a joint bank account but when we went to the local bank to open one, they informed us that it wasn’t possible for him to open an account because he had an outstanding negative balance on a previous account from over one year ago (prior to our marriage) because of a bounced check, that he had never taken care of. I was mortified and embarrassed by this situation and from there on handled all financial matters myself, in fear of discovering any other problems from his past; life was already difficult enough.
But I was determined to be supportive and to help him turn his life around, so we could have our life from there on. And with a lot of patience I kept trying to build a better life for us. I tried to convince him to go get help for his problems but he would again get very angry with me and verbally abusive and never got the evaluation or help he needed. And unfortunately, his behavior never changed, and after 13 long moths of marriage I left him. Sad, brokenhearted, exhausted and with no choice but to try a life on my own.
I had sold all that I owned in Portugal to be able to support us here, so going back was not an option, because honestly I didn’t even have money for the plane ticket.
Once again I relied on my family and moved to New Hampshire closer to a city, to have more opportunities of work.
And I have lived and worked in NH ever since.
I worked as a waitress for most of the time and then I got a part time job as a Portuguese interpreter with a local agency.
A few months ago I got into a car accident, someone hit my car from behind, I was not at fault but I injured my back and I am currently undergoing treatment.
I had to leave my job as a server because of it and today I am only working as an interpreter and translator.
I work on District and Superior Courts, Jails, Public Defenders Offices, Police Departments, Hospitals, Clinics and private businesses.
I have managed to build a good name for myself and the agency I represent and love being involved in helping my community. I am also in training for legal and medical interpretation to improve my skills and my performance as a professional.
I have translated a Domestic Violence brochure for a local Police Department donating half of the total cost of it.
I pay my taxes and have never asked for help from the government to pay any of my expenses.
I never had any problems with the law, in any area.

I am filling for divorce from my husband now; I have not done it sooner because I didn’t have money. Money has always been tight for me, living alone and having to pay for every expense on my own.

In one month I have to apply to remove the conditions on my green card and I want this affidavit to be part of my application so I can explain my story and what happened and why my marriage ended. Also to explain why I deserve to stay in this country, because I am a hard working and law respecting person and I am involved in the community and I pay all my taxes. And I like my life here and I have worked so hard to get to where I am at right now, I would love to be able to stay and follow all the possibilities my future holds.
And believe me, I tried, but a marriage cannot work when only one side is interested in making it succeed and the other wants to continue as a single person and is ill and refuses to get help and treatment. I have heard that my husband has been arrested again for DUI since we separated.

DOES ANYONE HAVE ANY ADVICE OR HAS HAD A SIMILAR EXPERIENCE?
CAN YOU HELP ME PLEASE?
THANK YOU SO MUCH. good.gif

If you can demonstrate a bonafide marriage, then there would be no reason to have to demonstrate that leaving the USA would pose a hardship for you. An alien's right to remain in the USA is not based upon his/her preference to stay, but on his/her eligibility to remain. That eligibility is for the most part determined on whether he or she entered the marriage with legitimate intent. If the alien can also demonstrate that were he or she be forced to leave the country there would be significant hardships on the alien, he or she can also petition that cause as well. Filing a waiver to remove conditions without the USC spouse is not restricted to just one ground.

Edited by diadromous mermaid, 01 March 2008 - 02:32 PM.

diadromous mermaidFemale02008-03-01 14:31:00
Removing Conditions on Residency General DiscussionFilling I-751 but spouse and I live in different state
QUOTE (kchip @ Mar 5 2008, 05:34 PM) <{POST_SNAPBACK}>
Hi all,

Just wondering if anyone has this situation before. I got my conditional gc about a year back and would be due to file the I-751 end of the year (2008). My concerned now is that I started a job 3 months ago in another state after 1 long year of unemployment. I got the impression from reading the forum that you have to live together to show the marriage is real. Our marriage is real and the reason why I accepted a job is to build financial security to achieve building a family in the long run... ie. house, kids... retirement. We see each other once a month, I'll drive home during long weekends or he will come visit. We will be filing tax jointly but apartment leases, utitlities bills and all is in our own name.. his apartment and mine.. we do talk on the phone everyday and I think phone statements will be one of our proofs too... still... not living together and not having mountains of proofs concerns me a ltitle too much.

I would appreicate if anyone that went through this kind of situation gives me some feedback. Right now I am clueless..


it's not a requirement. There are many people that have to live separately for professional reasons. Just make sure you mount up enough of the other sorts of evidence.
diadromous mermaidFemale02008-03-05 17:36:00
Removing Conditions on Residency General Discussionremoving conditions many times
QUOTE (apply @ Feb 28 2008, 04:17 PM) <{POST_SNAPBACK}>
QUOTE (Kezzie @ Feb 28 2008, 06:21 AM) <{POST_SNAPBACK}>
QUOTE (apply @ Feb 28 2008, 12:35 AM) <{POST_SNAPBACK}>
I applied to remove conditions, but my biometric appointment got lost.
I didn't know it, but then I found out, and applied again.
Now I am very nervous that it may happen again, and I am curious: how
many times can one reapply, in theory? Two, three, many? If there
will be a valid excuse for doing so, of course.


You say you had to reapply.... did you get a denial for your first application or did you just file again? why did you not just make an infopass appointment at your local office and get them to sort out your biometrics....


Kez


I was told to apply again by them, I was there, so, I submitted
everything again, the forms, affidavits, evidence. And now I am
waiting again for the biometric letter, and just wondered, how many
times can one apply.


Normally, there's an outcome to every application. Acceptance, or denial. Why, after applying a second time, are you nervous it would happen again. Are you getting your mail? Have you moved? Does USCIS know your current address?
diadromous mermaidFemale02008-02-28 21:47:00
Removing Conditions on Residency General DiscussionBeing arrested and lifting conditions...please help??
QUOTE (chloe @ Mar 8 2008, 12:05 PM) <{POST_SNAPBACK}>
Hi there,

Im hoping that someone can put my mind at rest over the following situation.
I recently got arrested for 'Driving without a Licence'. Being a total buffoon, I had been told that my UK licence was good for a year. After being rear-ended on the school run, the police told me differently and arrested me.
This is completely my fault, so please dont lecture me on being a crim, but Im concerned as to whether USCIS will deny me when it comes to lifting conditions.
My court date is in April and Im not due to lift conditions til next year, but Im losing sleep over this in terms of being able to stay in the US with my family.
If anybody has experience of this or knows what is likely to happen, then please advise.

Many Thanks

xChloe

Not an issue, unless there are other offenses in your history. Good moral character isn't blemished, for the most part, by traffic violations. And by the way, even though you are asked on the Form I-751 of any citations, charges etc. any impact from what is disclosed is *usually* not triggered until an alien leaves the country, and for some reason when inspected at the POE to re-enter, their a macth with fingerprints or name checks that deem the alien "removable". Same deal when the alien applies for Naturalisation. What I am saying is that the alien with a string of petit offenses, or some major criminal offense that causes USCIS to consider him or her not of good moral character to deserve a green card, would arise after an FBI name check or the like.

Edited by diadromous mermaid, 08 March 2008 - 12:16 PM.

diadromous mermaidFemale02008-03-08 12:15:00
Removing Conditions on Residency General DiscussionFrom the Adjudicator's Field Manual
QUOTE (Kathryn41 @ Mar 9 2008, 07:04 PM) <{POST_SNAPBACK}>
I came across this, this evening, and found it a useful refererence. One item of note -the field manual states that USCIS is supposed to try their best to notify individuals who have conditional residence 90 days before their status expires that they need to file to remove conditions. Well, that is one requirement they obviously haven't tried very hard to meet! It does explain the confusion that some people have remembering being told they will receive a notice and then not receiving one. Anyway, it was interesting reading:

http://www.uscis.gov...8ce159d286150e2



To cover some bases, they do inform the applicant at or after the adjustment of status interview, or with the actual card, if memory serves me well.
diadromous mermaidFemale02008-03-09 19:54:00
Removing Conditions on Residency General DiscussionDue to file next week
QUOTE (ktun @ Mar 18 2008, 01:13 PM) <{POST_SNAPBACK}>
Thank you for the replies. He is not willing to go to counselling and I feel that I've done everything I can do to save the relationship. I know that you can file if you are divorced, however, where I live the quickest you can get divorced is 90 days and that is if it is uncontested. If we do get divorced, things will definately be contested. There is a lot of bitterness on his part. My 90 days to file for removal of conditions starts on March 22nd, so I really have very little time.
I'm hoping that when I meet with the attorney on Thursday, he will give me some more concrete answers. I really don't know what to do now, I don't want to have to give up everything I've built here over the last 3 years, but at the same time, I know I can't stay in the relationship as it is, it is literally making me physically ill with the stress and not knowing what I'm going home to everyday.
I wonder what would happen if I can somehow persuade him to sign the form and file together, and we seperate before the petition is approved. Nebraska service center is only processing July 2006 at the moment.


If he is willing to sign a joint petition, and you later separate and begin the divorce, as long as the petition is approved prior to the divorce becoming final you are acting within the scope of regulations. If he is not willing to cooperate with removing your conditions, it would be wise to try your best to wrap up the divorce quickly so that you can get a decree and promptly file a waiver. If you do file a joint petition, however, and the divorce becomes final before any decision is made on the application to remove conditions, then request that it be withdrawn and replace it with a waiver (accompanied by the divorce decree and all corroborating evidence of the bonafides of marriage).
diadromous mermaidFemale02008-03-18 19:51:00
Removing Conditions on Residency General DiscussionHOw long do we have to stay toether
QUOTE (calijattt @ Mar 23 2008, 11:38 PM) <{POST_SNAPBACK}>
me and my wife stayed together only for 4.5 months hardly in USA and she went to india will this effect our getting I-751 approved in any way? She have 2 year probationary GC

If she's only planning to be away for one month, as you said she declared, then it should have no effect on her PR.
diadromous mermaidFemale02008-03-24 19:47:00
Removing Conditions on Residency General DiscussionDivorce while waiting for GC
QUOTE (DaniAndEnrique @ Mar 24 2008, 05:50 PM) <{POST_SNAPBACK}>
Hello to everybody,

I just dont know how to start this. I am going to need your advice cause I am not familiar at all with Removing condition topic.
I have a friend(beneficiary), been in a long relationship with his wife(USC) before marriage, last year some time they filed I-751 form he did fingerprint part(around middle of June 2007), and still waiting for his GC. In a meantime some things went wrong, they decide to got divorce sad.gif very sad. They live separately, no kids, taxes were filed separately also for 2007/8...According to her now she is receiving some letters from Immigration asking why they are filing taxes separately and blackmail him to pay big money, otherwise she will do something bad like deportation to him...whatever...
Now my questions are:
-In what way divorce will afect his GC?
-Will he get his GC or theres gonna be some issues before he will received?
-Does he need to go and advice immigration lawyer?

I have no clue about this situation, pls advice, he is so stressed. sad.gif
PLEASE HELP! helpsmilie.gif helpsmilie.gif helpsmilie.gif
Any advice will be appreciated, thank you.

Dani


Are they divorced? Or are they in the process of divorcing?
diadromous mermaidFemale02008-03-24 18:37:00
Removing Conditions on Residency General DiscussionTSC I-751 relocated to District Office
QUOTE (YuAndDan @ Nov 1 2007, 03:09 PM) <{POST_SNAPBACK}>
It means they may be planing to will interview you.

QUOTE
You may or may not be called for an interview after you submit this form.
http://www.visajourn...p;page=751guide

Prepare your selves for a "stokes" interview.

QUOTE
Assuming the couple is in the U.S., they will have to appear before the INS for a joint interview, sometimes called the "Stokes interview". The INS will question them together regarding the marriage and the documents offered in support of the marriage. The INS Examiner will judge their demeanor, the way they interact together and other relevant factors. In cases where the INS has misgivings, the couple can be interviewed separately for extended periods. In these separate interviews, the couples are asked details of their daily lives and backgrounds. Their answers are later compared. The questioning goes beyond things that could be memorized prior to the interview. The couple is given a chance to respond in writing to explain discrepancies and provide further documentation, if after the interview the INS determines that the case is not appropriate for approval.
http://www.murthy.co...s/UDirlove.html


Stokes? Those are typically conducted at the initial AOS.

OP, it could siply be that USCIS wishes to see more evidence of the bonafides.
diadromous mermaidFemale02008-03-29 21:30:00
Removing Conditions on Residency General DiscussionA complex situation with 1-75i
QUOTE (imconfusedashell @ Apr 5 2008, 01:23 PM) <{POST_SNAPBACK}>
Hi all,
I'm pretty new on here and decided to register because of the great standard of information and friendly folk that contribute to this very handy site.
My situation is as follows..

I grew up in the UK and married at the young age of 21 to a US citizen (K-1).
Everything went smoothly with our paperwork and I ended up moving over and getting my 2 year permanent residence card.
Thing is, the marriage lasted only two years. Not quite long enough to get my 10 year Visa, I am now in a situation where my 2 year has expired because my ex wife didn't agree to sign the paper work (1-75i).

I am now in a relationship with an amazing women whom I love and we want to be able to make a life together (without rushing into marriage).

My questions are as follows....
I have heard that the 1-75i can be filed without the spouses signature and with some kind of cover letter I can file for myself without the help of my ex wife. Is this true? Does anyone have any information on this? Is there somewhere I can find all the information on the 1-75i? For example, the supplement paperwork that goes along with it?

Also, am I illegal now my card has expired, or do I have until the divorce paperwork comes through?

Does being 'Illegal' affect my chances of successfully getting my permanent residence back?

And finally, does the 1-75i really cost $500 to file!?

I would be so greatful if anyone could possibly help,
Thank you so much and thank you to the creators of this forum!

-Mr. imconfusedashell



You can not file the I-751 waiver as a self-petition until you have a divorce decree. How soon before that is available? Until that point you have no legal status in the USA, and no benefits that go along with it, such as work authorisation.

Edited by diadromous mermaid, 05 April 2008 - 08:49 PM.

diadromous mermaidFemale02008-04-05 20:49:00
Removing Conditions on Residency General DiscussionRemoving conditional and divorced
QUOTE (Ashish @ Mar 30 2008, 03:57 PM) <{POST_SNAPBACK}>
In my opinion it would strengthen your case if you apply under the battered/abused category. for a waiver from joint filing requirement. The instructions for I-751 (http://www.uscis.gov/files/form/I-751instr.pdf) lists the extra evidence required for that. Seems like you should have all that since you had a restraining order, were in a shelter, and also have a divorce. Good luck.

From the instructions...
QUOTE
If you are filing to waive the joint filing requirementbecause you and/or your conditional resident child werebattered or subjected to extreme cruelty, also file yourpetition with the following:

A. Evidence of the physical abuse, such as copies of reports or official records issued by police, judges, medical personnel, school officials and representatives of social service agencies, and original affidavits as described under Evidence of the Relationship; or

B. Evidence of the abuse, such as copies of reports or official records issued by police, courts, medical personnel, school officials, clergy, social workers and other social service agency personnel. You may also submit any legal documents relating to an order of protection against the abuser or relating to any legal steps you may have taken to end the abuse. You may also submit evidence that you sought safe haven in a battered women's shelter or similar refuge, as well as photographs evidencing your injuries.

C. A copy of your divorce decree, if your marriage was terminated by divorce on grounds of physical abuse or extreme cruelty.



An alien can file the I-751 alone under any and all of the grounds applicable. OP, have you already submitted your I-751?
diadromous mermaidFemale02008-03-30 16:09:00
Removing Conditions on Residency General Discussionquestion about medicaid
QUOTE (gemini23nj @ Apr 4 2008, 10:52 AM) <{POST_SNAPBACK}>
Your wife can absolutely apply for Medicaid, and it will not affect her application. This is a major misconception! I work for the NJ Medicaid program, here is a quote right from the website njfamilycare.org


My family came to the United States in December 2004. Will they be eligible for NJ FamilyCare?
Yes, NJ FamilyCare no longer requires that legal residents reside in the United States for five (5) years before they can be eligible for the NJ FamilyCare program. Immigrants who are lawfully admitted for permanent residence can be eligible even if they have lived in this country less than five years. Documentation of immigration status will be requested along with the application.

QUOTE
Key Provisions Related to Immigrant Benefits

Food stamps: Most noncitizens lost eligibility for Food Stamp benefits under the 1996 welfare reform law. In 1998, benefits were restored for disabled immigrants, immigrants over 65 years of age, and immigrant children under 18.
SSI: Recipients as of 8/22/96 may retain SSI/Medicaid benefits. Residents as of 8/22/96 who become disabled are eligible for SSI. (Ineligible: residents as of 8/22/96 who reach 65, but are not disabled; and new immigrants, arriving after 8/22/96.)
New immigrants are barred from federal means-tested benefits (TANF, Medicaid, SSI, Food Stamps, and CHIP) for 5 years.
After the 5-year bar, new immigrants that have sponsors must include their sponsors' income when applying for federal means-tested benefits, known as deeming, until the immigrant attains citizenship or 10 years of work.
States have the option to determine immigrants' eligibility for TANF, Medicaid and SSBG for those resident as of 8/22/96 (for new immigrants, after the 5-year bar).
States have the option to provide or bar state funded programs to current residents and newly-arriving immigrants. State- and local-funded programs may deem for new immigrants when the new enforceable affidavits of support become effective on December 19, 1997.
Undocumented immigrants are ineligible for federal, state, and local public benefits.
All state and local agencies must verify that immigrant applicants for public benefits are "qualified aliens" and eligible for such benefit. HHS must define "federal public benefit" and INS must issue verification procedures. States must comply with federal regulations within two years.

diadromous mermaidFemale02008-04-06 07:39:00
Removing Conditions on Residency General Discussionquestion about medicaid
QUOTE (ivancho1231 @ Apr 3 2008, 08:39 PM) <{POST_SNAPBACK}>
my wife has to file her form for removing the status on june 2008 Can she applied for medicaid? is this will be a problem for her permanent residence?
thanks


Medicaid, if a federal means tested benefit, would not be available to her until she has been an LPR for 5 years.
diadromous mermaidFemale02008-04-03 21:01:00
Removing Conditions on Residency General DiscussionRemoval of Condition?
QUOTE (chispas @ Apr 4 2008, 12:46 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Apr 3 2008, 07:18 PM) <{POST_SNAPBACK}>
QUOTE (cherr1980 @ Apr 3 2008, 09:10 PM) <{POST_SNAPBACK}>
For me it sounds interesting that you "the US spouse" are able to withdraw a petition that is from "the immigrant" who is the one and only actually responsible to file or withdraw the form I-751. Is in him to file in a timely manner the I-751. As the previous post stated sounds like he did not file the form change of address, or did not file it on time or it was not correctly change or updated as happened in many ocassions.

This is inaccurate. The I-751 that is jointly-filed is an application from both the USC spouse and the alien. As such, any USC can request that a previously filed joint application be withdrawn. If the alien, after divorcing a USC spouse submits a self-petition, on Form I-751, then that application is his or her own.

Thanks,
I withdrew in 2007 and the Conditional Green Card exp. Jan 2008. We are separated and I use my own new address and he uses whatever he wants. The only way for USCIS to get my PO Box was to use the address I sent them when I withdrew my app. He doesn't even know my box number so I am schocked they would send anything to me rather than the address he used to remove conditions. As we are still married, he should have needed my signature. I can only guess he signed on his own and turned it in. Since filing for the AOS, I have never been contacted again by USCIS for an interview or anything. Nothing, nada. I see so many couples having to prove having a relationship or going to interviews and I have not had to do any. I just don't know why


You could only have filed the I-751 jointly in October 2007 (90 days prior to his CGC expiring) right? How soon after that did you withdraw the petition? Within a matter of weeks?
diadromous mermaidFemale02008-04-05 20:52:00
Removing Conditions on Residency General DiscussionRemoval of Condition?
QUOTE (cherr1980 @ Apr 3 2008, 09:10 PM) <{POST_SNAPBACK}>
For me it sounds interesting that you "the US spouse" are able to withdraw a petition that is from "the immigrant" who is the one and only actually responsible to file or withdraw the form I-751. Is in him to file in a timely manner the I-751. As the previous post stated sounds like he did not file the form change of address, or did not file it on time or it was not correctly change or updated as happened in many ocassions.

This is inaccurate. The I-751 that is jointly-filed is an application from both the USC spouse and the alien. As such, any USC can request that a previously filed joint application be withdrawn. If the alien, after divorcing a USC spouse submits a self-petition, on Form I-751, then that application is his or her own.
diadromous mermaidFemale02008-04-03 21:18:00
Removing Conditions on Residency General DiscussionRemoval of Condition?
QUOTE (chispas @ Apr 3 2008, 12:40 PM) <{POST_SNAPBACK}>
Hello,
I am not sure if anyone has experienced this, but I am confused about a letter I received yesterday from USCIS. Just some background information here. I withdrew my application last June after my SO had XYZ problems and XYZ things happened. I sent a letter to ICE and also spoke to them on the telephone too. As part of the letter and supporting evidence for my withdrawal, I asked that future corresponce be sent to my post office box. Fast forward to this year, my SO applies to lift conditions (I-751) on his own. I don't know when it was done, what he included in the petition nor what the details were. Yesterday I get a notice for my SO to appear for his biometrics. This was sent to MY post office box and not to his apartment nor my house. Why would I get this letter at my PO Box? Obviously they recieved my letter. Why to me and not to him at his address?
Just Confused... blink.gif


Sounds to me like he has not filed a Change of Address form AR-11, and that this is *his* notice, OR that the initial application (joint) that you wished to have withdrawn was not.
diadromous mermaidFemale02008-04-03 20:50:00
Removing Conditions on Residency General DiscussionDivore and Conditional Permanent Residency
QUOTE (Jamaicagyaldat @ Mar 26 2008, 01:38 PM) <{POST_SNAPBACK}>
Really? Okay. So when he should file his waiver and the divorce papers at the court house together or do you mean file it with immigration together?

1 year extension. So what happens in 1 year? They decide you can stay or they go??



Simply put, he has two options. Either he files a joint petition with his wife, if they are still married and she is willing, 90 days before his current green card expires. That expiry date is December 2009, so he would jointly-file with his USC petitioner spouse sometime between October 2009 and December 2009. IF still married, and IF she will cooperate.

If the divorce process goes through and his divorce is final before October 2009, as soon as he has a divorce decree he would file a "waiver" which is really nothing more than filing the I-751 as a self-petitioner on the grounds that his marriage to the USC spouse was bonafide but has since terminated in divorce. He would have to show that he is divorced (ergo a copy of the decree is attached to the self-petition) and that the marriage was genuine. There is no requirement for him to wait until October 2009 to file a self-petition if he has a divorce decree before that time, since the rationale is that in order to self-petition, the alien must have a decree and qualify for one of the grounds. Since he can't acquire any more bonafides of a marriage that no longer exists, USCIS permits the alien to file as soon as the divorce is final.

If he has not finalised the divorce, by October 2009, then he would have to wait until a decree is available.

Better?

Edited by diadromous mermaid, 26 March 2008 - 07:14 PM.

diadromous mermaidFemale02008-03-26 19:13:00
Removing Conditions on Residency General DiscussionDivorce, Removing Conditions and waiver
QUOTE (iamsam @ Apr 21 2008, 10:15 PM) <{POST_SNAPBACK}>
Just a warning: removing the Conditional Status will be tough if you divorce before you do so.

A friend of mine tried it and ended up deported. That doesn't mean the same will happen to you, but I'm guessing that's a risk that comes with it.

Not necessarily true. I've seen oodles of waivers successful. The main criterion is that the divorced alien must have a divorce decree and evidence of the bonafide nature of his or her intentions upon entering into marriage. The bonafide nature of those intentions is demonstrated by actions taken upon becoming married to share a residence and a financial life with the former USC spouse.
diadromous mermaidFemale02008-04-21 21:32:00
Removing Conditions on Residency General DiscussionDivorce, Removing Conditions and waiver
QUOTE (Dinha @ Apr 21 2008, 09:26 PM) <{POST_SNAPBACK}>
Hello guys!

Well, my marriage ended up and I have my CG good till 03/09.
I was gathering information here and I checked up all the information about what I will need.
I will start my divorce process ASAP and I noticed that since my marriage is over I will have to fill that form out by miself with a WAIVER.
Sorry my stupid question, but what is a " WAIVER" ?? sad.gif

Thank you guys!

Waiver is another term for self-petitioning to remove conditions by use of form I-751 with "d" checked on the top of the form, under the section that states....I am
diadromous mermaidFemale02008-04-21 20:39:00
Removing Conditions on Residency General DiscussionWorkman's Compensation?
QUOTE (Xsoldier2000 @ Apr 22 2008, 06:15 PM) <{POST_SNAPBACK}>
Hello all!

My wife has a job in sales. After working there a few years, her new boss has put her on a "90 day" program. Where-as if her boss doesn't see noticable improvements in her sales numbers, she will no longer be working for that company, if you know what I mean.

My question is, can she file for workmans compensation if she does get released?

I am really wondering because of her status. We are waiting for her removal of conditions, and I don't know if workmans comp. is for citizens only?

I've searched our .gov site but it doesn't state anywhere about this. Wondering if anyone out there has been in this situation?


Google your state's Employment Security Commission.
diadromous mermaidFemale02008-04-22 18:10:00
Removing Conditions on Residency General DiscussionGot my conditional resident card, my wife might be pregnant from other man!
QUOTE (CResidentfl @ Apr 25 2008, 02:59 PM) <{POST_SNAPBACK}>
If that child turns to be mine I am going to be very happy because I want my own child. I have already accepted the one she has from her previous relationship I love that kid as my own but a second one not mine... It is kind of disrespectful. I am kind of torn. The reason which I am posting for is to find out the consequences IF The child is not mine and how it would affect that my immigration case. You may say that It is selfish to think that way. But the life brings you in situations you have never expected like this one for example. I do want to have my life depending on someone, people are changing and you never know where or when you are going to end up. I have no idea what she may do in future as I had never expected for this situation before happened. Love is love but people changing....


Already answered. The child will have no effect on your immigration case whatsoever. Are you looking for a reason to divorce her because of her poor choices? If you are, immigration isn't the answer. What is it you want?

Look she disrespected you. You admit that. So, can you forgive her? If you can then you might be right that you are in love with her. If you can't forgive her, then I suspect you can't love her either. Sorry, that is just the way I see it.
diadromous mermaidFemale02008-04-25 19:35:00