Forum	Title	Content	Member	Sex	Country	Date/Time
Removing Conditions on Residency General Discussion	i-751 visit at home by uscis	hi kathryn again!!!i know maybe sounds stupid but how long sinc they came they will notify me over the mail what do u think how long is taking!!!thans 0 Sorry, one nation. I have no idea. If you don't hear anything within 30 days after the visit, then contact your Congressman or Senator's office and ask them to investigate on your behalf. You have been more than patient. Edited by Kathryn41, 09 December 2010 - 11:54 PM.	Kathryn41	Female	Canada	2010-12-09 23:54:00
Removing Conditions on Residency General Discussion	i-751 visit at home by uscis	hi kathryn 41 after the visit at our place they did what do u think what should we wxpect!!!thanks While I certainly can't speak for USCIS nor predict what decision they will make, it does seem logical to me that if they find good evidence that the two of you are indeed living a life together in the same house as husband and wife, that you have your belongings mixed in together, and you have provided them with the necessary documentation that shows how you have mingled together your lives financially and socially, that they will approve the removal of conditions and send you a 10 year green card. It seems like after 2 interviews and a home visit they have not been able to find evidence to the contrary even though they seem to have tried. I won't be surprised to hear you have received your 10 year card in the near future. That is what I think, anyways. I hope I'm right. Good luck . Edited by Kathryn41, 27 November 2010 - 08:47 PM.	Kathryn41	Female	Canada	2010-11-27 20:45:00
Removing Conditions on Residency General Discussion	i-751 visit at home by uscis	Duplicate thread in Effects of Family Changes on Immigration Benefits Forum moved to Removing Conditions Forum and merged with existing thread; duplicate post removed.. It is not necessary to post the same topic in more than one place and this is the correct forum.	Kathryn41	Female	Canada	2010-11-23 23:32:00
Removing Conditions on Residency General Discussion	i-751 visit at home by uscis	I think the fact that they found obvious evidence that a man and a woman (you and your wife) were living together in the same place and had your personal belongings scattered around through out the house during a surprise and unexpected visit is a good thing. If they found no evidence that she lived there or you lived there, then it would be a problem. Personally, I think you will be ok and will hear some good news soon.	Kathryn41	Female	Canada	2010-11-23 21:43:00
Removing Conditions on Residency General Discussion	i-94	As long as there is not a decision made to deny your I-751 while you are out of the country, you should have no difficulties returning to the US. You would bring back your expired passport with the I-94 stapled in it (it has an I-551 stamp that extends the PR status for a year) along with your new passport. The new passport is your valid travel document that allows you to fly internationally; the old expired passport with the I-94 containing the proof of your PR status on it will allow you to board the plane and will allow you back into the US. Good luck.	Kathryn41	Female	Canada	2011-01-01 23:43:00
Removing Conditions on Residency General Discussion	Last minute rescheduling.. HELP	Duplicate posts removed. It is not necessary to post the same topic more than once. Give it more than a few minutes and someone will come by and answer. ________________________________ Moderator hat off . . . As the other posters have said, go to the biometrics location. Bring along your copy of the first appointment letter and your letter requesting a new appointment, along with the new appointment letter. Also bring along proof of your travel itinerary showing the dates you are away and the obvious conflict. Since you did try a reschedule and it wasn't set for after the time of your wife's return (it sounds like you did provide them with the dates she would be away in your request to reschedule, yes? ) you should be able to ask if you can do it as a walk-in as you are not going to be available for either the original or rescheduled appointment time. If they say, yes, you are fine. If they say no, then be prepared to leave a request with the guard at the ASC office for another re-schedule after XXX date and include a copy of the flight itinerary as proof that she is not available until after XXX date - as stated in the original letter. You should be able to do a walk-in, however, but the second option also exists. Good luck.	Kathryn41	Female	Canada	2011-01-10 21:18:00
Removing Conditions on Residency General Discussion	How many days does it take?	You can submit your ROC application during the 90 day window of time before you green card expires, not necessarily on the 90th day before the green card expires. When you send it off (use a way to track the delivery as well), you will receive the NOA1 - notice of receipt in about a week to 10 days (usually) and shortly afterwards should receive a biometrics appointment as well. The biometrics is usually scheduled about a month to 6 weeks after you submit the I-751. So, if you are submitting the application on May 21 and then planing on leaving in June you're cutting it pretty close and it is unlikely you would get the biometrics actually scheduled and completed before you left unless you were leaving the absolute last week of June, and even then you would be cutting it close. How long are you intending to be in the Philippines? If you will be back at least 2 weeks before the green card expires (early August), you can have all of the application prepared before you go, and then when you return you can send the application off. It has to be received before the green card expires on August 19th so it is good to allow about 2 weeks prior to August 19 to send off the petition in case there is some sort of problem and it gets sent back to you (forgot a signature, etc.) you can still send it back by return mail before the deadline. So, if you haven't yet purchased the tickets, purchase them to leave in June and return no later than the first week of August at the latest and make sure you have all of the petition attachments ready to go before your trip. That way, you just need to check it over and send it off when you return, and you won't have to worry about missing the biometrics appointment. Edited by Kathryn41, 17 January 2011 - 09:51 PM.	Kathryn41	Female	Canada	2011-01-17 21:49:00
Removing Conditions on Residency General Discussion	lost green card	Duplicate threads merged. It is not necessary to start more than one thread on the same topic - just add the information to the first one started, thanks	Kathryn41	Female	Canada	2011-02-12 11:59:00
Removing Conditions on Residency General Discussion	Need passport for ROC?	The only time you might need your passport - I did - is if USCIS neglects to mail you your extension letter (NOA1) extending your current green card for another year. I had to go to the local USCIS office and get the I-551 stamp placed in my passport so I had proof of my legal status in the US. I renewed my passport shortly before I filed for ROC specifically so it would be valid at the time, however, you can use an expired passport as well. You would need to bring in two passport style photographs to an InfoPass appointment and they would then create an I-94 using the photographs, stamp it with the I-551 stamp and staple it in the expired/expiring passport giving you proof of your extended status while the ROC is processing. It took less about 10 days for me to get my new passport back as well - I couriered it there and they couriered it back to me - so you have several options: you can renew your passport now and it will be renewed by the time you need to file (request the old one returned as well), you can renew it after you receive your NOA1 extension letter, or you can just let it expire and if you don't get the NOA1 extension letter within 30 days of filing, you can get the I-94/I-551 stapled into the expired/expiring passport. You can even let this passport expire and then request a new one without having to send in the old passport. You won't run into any problems with regards to the ROC application or interview itself. It is just a good idea, as a non-US citizen (even a resident alien) to have a passport from their country of citizenship for their own protection, especially if you need to fly back to Canada. You can enter Canada with your birth certificate and the US with your green card and extension letter - but the airlines require a passport for you to fly across the international border..	Kathryn41	Female	Canada	2011-02-12 19:25:00
Removing Conditions on Residency General Discussion	Almost 2 years since AOS. Now what? Anyone else in this situation?	I disagree, our AOS package was actually twice as big as our ROC package. AOS is not only about evidence of getting married, there are other things that need to be proven (such as financial support (which has a LOT of extra paperwork)) as well. Compared to AOS, ROC is smooth sailing. It varies - my AOS package was very small as we had only been married less than a month when I submitted it. My ROC package was huge as we had been married nearly 4 years when I submitted it. The important thing about the ROC application is you need to send evidence of how you have co-mingled your financial, personal and social lives together over the whole time of your marriage - basically since you submitted the AOS application. It is better to err on the side of too much information than on too little. Provide evidence from all aspects of your married life - the more grounds you can cover, the better off you are. You want to make it as easy as possible for the adjudication officer to say 'yes, this is a valid marriage' . Good luck. Edited by Kathryn41, 12 February 2011 - 07:14 PM.	Kathryn41	Female	Canada	2011-02-12 19:13:00
Removing Conditions on Residency General Discussion	We're in the Clear	Congratulations! (Post moved from AOS forum to Removing Conditions forum)	Kathryn41	Female	Canada	2011-02-14 21:10:00
Removing Conditions on Residency General Discussion	cancel two years green card	She just received the two-year green card! I think they have to go for another interview in two years and in case of not being married till then, her permission to stay would be rejected! Isn't it supposed to be like that??? This is actually not correct. The foreign spouse is required to file to remove conditions on his/her residency during a 90 day window of time prior to the expiry date of the 2 year card. If they are still married, then the petition is a joint petition by both husband and wife and includes documentary evidence that shows how they have mingled together their financial, social and personal lives. If the evidence is satisfactory, the 10 year card is often issued without an interview. If the couple is divorced, then the foreign ex-spouse files the petition to remove conditions on his or her own, filling out a waiver option on the form to file individually due to a divorce (or death, or one of the other waiver options for filing individually,as the case may be). The person still needs to provide evidence that the marriage was entered into in good faith, and that the marriage just did not survive, for whatever reasons. Sometimes those reasons can have an impact on the application (abuse,etc.). If the documentary evidence is compelling, again the 10 year green card can be issued without an interview. If there is less compelling evidence, or if there is a suspicion that the marriage was not a real one, then the applicant will likely be called in for an interview and the decision will be based on a number of factors, include the results of that interview. If the petitioner convinces the interviewer that the marriage was entered into in good faith, regardless of the outcome of the marriage, he/she will be issued a 10 year green card. If they fail to convince the interviewer that the marriage is valid, then the application will be denied, any residency status terminated or revoked, and the foreign spouse will be told to leave the US. If the US spouse has evidence that his/her foreign spouse committed fraud - and the breakdown of a marriage is not considered fraud because even valid marriages falter and fail - then he/she needs to submit it to USCIS, making sure that it is factual and accurate, and not resorting to histrionics or emotional complaints about being used for a green card. To answer the original question directly, there is nothing the US spouse can do to cancel his wife's green card. If he can provide sufficient evidence to convince USCIS that she entered the marriage solely to get a green card then USCIS can take whatever action they deem appropriate - revoking her permanent residence status, or denying her removal of conditions when she applies. That is basically all he can do - report her to ICE/USCIS and provide them with appropriate evidence to back up his claim. (That is also easier said than done). If he does not have any such irrefutable or compelling evidence, it is probably in his best interest to 'cut his losses' and not try to seek any retributive action against her. USCIS is unlikely to act on unsupported accusations, especially when it is from one hurt spouse accusing another. He should just get a divorce and try to move on with his life. Edited by Kathryn41, 25 February 2011 - 08:43 PM.	Kathryn41	Female	Canada	2011-02-25 20:32:00
Removing Conditions on Residency General Discussion	10yrs green card	I've moved this thread from the AOS forum to the Removing Conditions on Residency General Discussion Forum as a more appropriate location for the discussion	Kathryn41	Female	Canada	2011-03-02 18:56:00
Removing Conditions on Residency General Discussion	Wife leaves and attempts to file divorce	"Unfortunately, it won't end your sponsorship requirement" I think this is wrong. I thought that once the divorce is final, the sponsor no longer has to support financially!?!?!? No, unfortunately, divorce does not end the financial contract signed by the sponsor with the US government to ensure that the immigrant is not a financial burden on the taxpayers. The Affidavit of Support is finished only when one of the following happens: 1) the sponsor dies 2) the immigrant dies 3) the immigrant earns 40 quarters of insurable income (usually 10 years, although the immigrant can count the US spouse's income towards those 40 quarters so that equals a minimum of 5 years) 4) the immigrant permanently leaves the US and is no longer an LPR 5) the immigrant becomes a US citizen. Even if you get divorced, the sponsor is still held liable to the Affidavit of Support, a contract he/she signed with the Government and not with the immigrant. The issue of financially supporting the immigrant on a daily basis is something that needs to be addressed during any divorce discussion and addressed by the divorce decree and is a separate issue from the Affidavit of Support. Edited by Kathryn41, 16 March 2011 - 08:17 AM.	Kathryn41	Female	Canada	2011-03-16 08:16:00
Removing Conditions on Residency General Discussion	Wife leaves and attempts to file divorce	post advocating illegal action and thus violating TOS has been removed. ~~~~~~~~~~~~~~~~~~~~ moderator's hat off . . . The green card is hers. If it is in your possession your best advice is to forward it to her. She is allowed to remain in the US for 2 years but she will need to file to remove conditions on her 2 year status. She can file and request a waiver from the joint filing conditions but she still needs to provide documentary evidence to prove that the marriage was entered into in good faith. If she is unable to prove this, then her petition will be denied. If you withhold the card from her, then she may feel she has grounds to claim abuse and may experience more 'leniency' when it comes time to remove conditions. If she has her green card and wishes to file for divorce there isn't much more you can do except go along with the divorce. Unfortunately, it won't end your sponsorship requirement. If you have concerns - and possibly evidence - that she used you for a green card, then you can notify ICE of your suspicions (include evidence if you have it) and ask that they place this information in her file. It will then be there for review during her petition to remove conditions. If you believe that the marriage was entered into in good faith on both parts and it just failed, then it is in your best interest to help her move quickly through the immigration process. Once she becomes a citizen that cancels out the affidavit of support. Edited by Kathryn41, 15 March 2011 - 10:07 PM.	Kathryn41	Female	Canada	2011-03-15 22:07:00
Removing Conditions on Residency General Discussion	I-751 August filers, 2010	Post containing personal information requested edited out by the OP - as I can't edit an existing post I have removed the original post and am copying the information with the personal information removed below: Heliosphan: Posted Today, 07:44 PM Hey Lili! 2 years later!! Here's my list: 1. Joint Occupancy/Ownership of Communal Residence 2010 – Apartment Lease (Brooklyn, NY) 2009 – Apartment Lease (Jersey City, NJ) 2008 – Apartment Lease (Jersey City, NJ) 2. Joint Ownership of Financial Assets & Responsibility for Liabilities 2009 Federal Tax transcript 2008 Federal Tax transcript Joint Checking Account Statements (over a two year period) Sample check from our check book Life Insurance Policy Health/Dental Insurance Cards Furniture Invoice Utility Bills 3. Other relevant documents New York State ID Cards Invoice for Moving and Storage expenses Flight Itinerary for Trip to Palm Beach with friends (for birthday) Receipts for Matching Tattoos Receipt for Two (2) Laptop Purchases 10 photos included	Kathryn41	Female	Canada	2010-08-02 19:23:00
Removing Conditions on Residency General Discussion	I-751 August filers, 2010	title edited per OP's request	Kathryn41	Female	Canada	2010-08-02 17:50:00
Removing Conditions on Residency General Discussion	Interview :-(	Virtually all of the ROC interviews for couples who are still married and filing jointly that I have heard about here on VJ have turned out to be 'statistical' interviews. It has nothing to do with the actual file or evidence submitted and everything to do with the 'luck of the draw' and your name being randomly selected by the computer for an interview. The interviewing officers for these interviews have often informed the couple that this is the case, and from the sounds of things, it is highly likely that this is the case for you as well. So, yes, be prepared; bring your evidence; but don't worry overly much about this. I will be very surprised if this interview is anything more than just a 'formality'.	Kathryn41	Female	Canada	2011-03-25 21:48:00
Removing Conditions on Residency General Discussion	Evidence for ROC?	Credit cared and bank statements definitely do count. Be sure to include at least one of each for each quarter you have been married - they need to see a continuity of co-mingled financial affairs. Are you joint holders on the Credit Card? You can get your name added if you are not. Include credit card statements if you are showing where both of you have made charges on the same account. Include copies of all of the health insurance coverage, perhaps the co-pays paid for the baby's birth (if born in the US), car insurance coverage for the both of you (are there loans on the one car that you drive in both your names?) What about vehicle registration for your car but showing him making payments for that vehicle. If some of these payments occur on credit cards, highlight the amounts on the copies you provide to show them. You don't have to have both received medical care or dental care (although that is a good one) but showing that the coverage comes through the same plan is important. Is the mortgage payment coming out of the joint account? If so, provide a copy of that statement showing the payment with the payment highllighted. You can also include affidavits from people who know you as a family/couple indicating how they know you and providing details of their knowledge. These should be signed in front of a Notary Public and include full contact information for the person writing the statement. How is your child registered at the DayCare? Perhaps a statement from them listing both of you are parents who have permission to pick up the child is also good. Anyway, think creatively - you will find things you haven't thought of that may work. You want to share that you are living in the same address, that you are presenting yourself as a couple/family socially and personally, that you are sharing financial assets and liabilities and that you live your lives as a married couple. Good luck	Kathryn41	Female	Canada	2011-03-26 17:50:00
Removing Conditions on Residency General Discussion	Just filed for removal of conditional GC and lost GC	Actually, it depends on where you live. In Georgia now, if you are stopped by the police for anything, they are allowed to ask you about your legal status. If they believe you are in the country illegally or cannot prove your legal immigration status they have the right to detain you while they contact ICE or you arrange to get the proof to them. So, this is a federal project that now allows for State jurisdictions to come in. Check and see what your State allows. While she is supposed to carry her green card with her she may be able to get by carrying photocopies of both the green card and the extension letter. At the very least, have photocopies of both safely at home, wherever the original card is kept. http://www.politifac...ion-arizona-co/ Edited by Kathryn41, 20 March 2011 - 08:36 PM.	Kathryn41	Female	Canada	2011-03-20 20:31:00
Removing Conditions on Residency General Discussion	ACCO fasteners with I-751	I used 2 hole ACCO fasteners for the I-751 and my N-400. When I went for my Citizenship interview I saw my file on the interviewer's desk - it was definitely 2 hole punched at the top and used ACCO fasteners, so that is definitely the system USCIS uses. You can either make the holes and submit it that way or use the ACCO fastener. They will take it out of whatever folder you use to submit it and transfer it to theirs. Edited by Kathryn41, 01 April 2011 - 08:05 PM.	Kathryn41	Female	Canada	2011-04-01 20:04:00
Removing Conditions on Residency General Discussion	Sworn Affidavit	If you have sufficient other evidence that proves how you have co-mingled your financial, personal, and social lives together, you generally can get by without submitting affidavits. I didn't submit any and had no problems getting my conditions removed. If you do decide to have them though, basically, the individuals needs to identify themselves fully, provide complete contact information, state how long and through what means they know you and any other evidence they have that supports your position of having a valid marriage. This should then be signed in front of a notary who witnesses the signature, verifies their identity and stamps the letter. Edited by Kathryn41, 02 April 2011 - 05:13 PM.	Kathryn41	Female	Canada	2011-04-02 17:12:00
Removing Conditions on Residency General Discussion	what document need to file for removal of condition on residen	(I'm also moving this thread to the Removal of Conditions forum from the CR-1 forum )	Kathryn41	Female	Canada	2011-03-28 18:56:00
Removing Conditions on Residency General Discussion	what document need to file for removal of condition on residen	(((((((((Maricar))))))))) I am so sorry for your loss. Yes, you can file to remove the conditions on your green card as soon as you receive copies of the death certificate. While you would normally wait until 90 days before the current green card expires, death of the spouse is one of the reasons where you become eligible immediately to remove conditions. You would file the I-751 petition, http://www.uscis.gov...00045f3d6a1RCRD include evidence that shows the two of you shared a home and your finances together, and then include a copy of the death certificate. There is a place at the bottom of the form that you would check off asking for a waiver from 'joint filing' due to the death of your husband. Here is a link to the instructions on filling out the I-751 http://www.uscis.gov.../i-751instr.pdf and here is the link to the actual form itself: http://www.uscis.gov.../form/i-751.pdf I know you are grieving and everything will be overwhelming for you right now, but you will want to take care of this before next year. Again, please accept my condolences. Edited by Kathryn41, 28 March 2011 - 06:54 PM.	Kathryn41	Female	Canada	2011-03-28 18:47:00
Removing Conditions on Residency General Discussion	Confused! Need help!	I can appreciate your confusion. For all intents and purposes as it relates to us, the clients, yes - they are the same. Basically, the CR-189 is an internal document while the I-751 is the client petition. You file the I-751 and they create a CRA-189 file and process your I-751 as the CR-I89. I am not sure why they do it this way but I suspect it has to do with the fact that there are other circumstances where someone is removing conditions on residency besides marriage and they unify their processing in-house after they have differentiated the requirements of the petition for filing. This is why you will find that the initial receipt will not give you access to a status update but you will need to wait for the biometrics letter which has a different receipt number that is linked to the internally processed CR-189 before you can find out what is going on. So, don't worry - your situation is perfectly fine. Edited by Kathryn41, 12 April 2011 - 10:50 PM.	Kathryn41	Female	Canada	2011-04-12 22:47:00
Removing Conditions on Residency General Discussion	I-797E RFE HELP!	You submitted copies of the health insurance card but do you also have any receipts from doctors visits for co-pays and the corresponding insurance documents showing that the patient was K and the insurance owner C? Even showing bills that have been paid for her medical/dental concerns and matching up the payment to your checking accounts shows a bit more detail. What about a family type cell phone plan? If you have one it may list both your names or both numbers on the account. Do you live in a community that has a Home Owners Association showing the list the residents at each address? Include statements from her closed bank account- they will have the same house address as yours. Do you have joint credit cards? Does she receive any regular mail like a magazine subscription showing the address? If you live in a rural area would it be possible to get a statement from your mail carrier that he/she delivers mail for both of you to the same address? Getting affidavits from family, and in this case neighbours, verifying you both live at the same address would be useful. Can your wife get a statement from her former employer that shows she listed your address with you as spouse and emergency contact? Have you written wills? Does she have anything from her home country (pensions, investments, etc.) re-directed to her US address? (Annual benefits statements, etc.) Is she listed as your beneficiary on any retirement benefits you have? Have you purchased an IRA in her name alone? Has she ever taken any of the cars in for maintenance work/emissions check up and has a statement that would have her name listed on it along with your address? Do you have any pets? Are they listed at the vet with both of your names? (Just trying to think of other ideas that we included). Edited by Kathryn41, 02 April 2011 - 08:38 PM.	Kathryn41	Female	Canada	2011-04-02 20:35:00
Removing Conditions on Residency General Discussion	Removal of Conditions Question	Topic moved from RUB Regional Forum to Removal of Conditions Forum	Kathryn41	Female	Canada	2011-04-24 22:15:00
Removing Conditions on Residency General Discussion	Request for Evidence	I think you should be fine with the additional material you are submitting. What struck me is that you didn't provide a lot of evidence covering the full time of your marriage - rather just a snapshot of one time. Filling in the blanks with AMEX statements going back to the start of your marriage and showing how both of you use the account answers the co-mingling of resources. Do you pay the AMEX bill from your account? You could include some of the statements showing how you are paying bills she has also charged on the account. Even though much of the evidence seems circumstantial, some of it is of the type that a fake marriage wouldn't generate - such as the NPR donation in both of your names, medical insurance and dental claims and her tuition being paid by you. Providing this new evidence and adding to the material you submitted before to show the interaction of your financial, personal and social lives over the term of your marriage should bring you an approval. I wasn't added to any of our utility bills or the mortgage but we do have a joint account as well as a joint AMEX account. I explained in the covering letter why I wasn't added to the mortgage or deed and that the utility accounts were paid on line so there wasn't any paper trail anyway, plus included quarterly statements of the financial documents, copies of our health cards for each year, vehicle registration for each year (my car is listed in both our names) along with medical and dental statements, each of us added to the other's pension as the 'beneficiary', etc. I also highlighted on the bank statements or the AMEX statements bills that I had paid with my card that were obviously for the house (eg tree removal from yard, termite treatment, etc.). If she paid any obvious household expenses from her checking account (the statement would be sent to the same address so that also helps) then you can include that with the item(s) highlighted. I think you should be fine now. Good luck. Edited by Kathryn41, 07 April 2011 - 11:51 PM.	Kathryn41	Female	Canada	2011-04-07 23:46:00
Removing Conditions on Residency General Discussion	Just filed for I-751 to remove conditions, got my biometrics done day before and now separated	Yes, there should be no problem with naturalization. If she is divorced she isn't eligible to become a citizen after 3 years through marriage - and if she applies after 5 years as a permanent resident she doesn't have to submit documentation about her marriage since she isn't applying under that option.	Kathryn41	Female	Canada	2011-06-20 20:30:00
Removing Conditions on Residency General Discussion	Just filed for I-751 to remove conditions, got my biometrics done day before and now separated	Yes, you are able to remain in the US and apply to remove conditions on your own. You won't be deported and you will have time to complete your study program. If the marriage is irretrievably broken down and you do not think you two will reconcile (only you know if that is possible but you may find marriage counseling a possible option to consider), then what you would do is re-submit the I-751 application, and at the bottom apply for a waiver from the joint filing condition to say you are filing on your own. Include a copy of the NOA1 for the first I-751 along with any evidence you wish to include to give the reasons why you are requesting them to withdraw the first application and submit this one in its place. You can re-submit the supporting documentation that you included with the first application to show that you entered the marriage in good faith. Be sure to write on the front of the application and on the front of the envelope 'I-751 petition to replace previously filed I-751 and include the receipt number. That should help get it matched up to the petition you already have on file. This second petition that you are filing will also initiate an RFE request when the adjudicator gets around to reviewing it for a divorce decree. If you have it in place by that time you can send it back with the RFE. Sometimes states have waiting periods, however, so you may not have the divorce finished by that time. In this case, you would respond to the RFE and advise them that you are still waiting for the final divorce document. The very worst that could happen is that you would be sent a notice to appear before a judge for a deportation hearing. Go to the hearing and explain the circumstances. The judge will rule that any deportation be put on hold until you have time to complete the divorce decree and submit it to USCIS, who are then required to adjudicate the petition without prejudice. If your evidence is sufficient to prove that you entered the marriage in good faith, then you would receive the 10 year card and the deportation order would be canceled. It is involved and it is complicated but it is possible. At the very least you can stop worrying that you are going to be deported tomorrow - that definitely won't happen. You are going to be legally present within the US until you are divorced. One other consideration. While you are not together at the moment your state may have a legal separation requirement. Until you have that you may still be considered together for purposes of USCIS and your ROC may be approved before you are legally separated and/or divorced. Either way, you have time on your side. Edited by Kathryn41, 19 June 2011 - 10:46 PM.	Kathryn41	Female	Canada	2011-06-19 22:42:00
Removing Conditions on Residency General Discussion	ROC/Green Card	Topic has been moved from the AOS forum to the ROC forum as OP is asking about Removal of Conditions. I've also edited the thread title to correct AOS to ROC. Edited by Kathryn41, 24 June 2011 - 09:38 PM.	Kathryn41	Female	Canada	2011-06-24 21:38:00
Removing Conditions on Residency General Discussion	Legal Requirement - possession of greencard	Yes, if you have applied to remove conditions then you need to carry a copy of the NOA1 extending the validity of the green card since the green card itself is expired. The two work together as proof of legal status in the US.	Kathryn41	Female	Canada	2011-06-22 17:54:00
Removing Conditions on Residency General Discussion	Just thinking ahead....	Another advantage for Canadian- American dual citizens - the freedom to choose which country you wish to live in for however long you wish to do so without having to worry about going through the whole immigration process again. With the border between the two countries so accessible and each being the other's most important neighbour, it opens many doors to choose the best life for your individual circumstances. You can spend 6 months living in the South during a Canadian winter then drive north and spend 6 months living in Canada during a Southern summer. Cottage country AND no more shoveling snow .	Kathryn41	Female	Canada	2011-06-22 19:05:00
Removing Conditions on Residency General Discussion	Removal of Conditions with I-829 (EB-5 visa)	Topic has been split from thread related to a totally different issue. Topic has also been edited to remove an inappropriate advertisement link in the assumption that this is a valid question and not a spam post. It is always better to start a brand new thread with a brand new topic rather than adding a post to someone else's topic ~~~~~~~~~~~~~~~~~~~~~ to answer the question, the I-829 Removal of Conditions petition is distinctly different from the I-765 Removal of Conditions petition. The conditions for the first relate to fulfilling the business and investment requirements of the EB-5 visa; the second relates to proving a valid marriage to a US citizen. The best source for petition specific information is always http://www.uscis.gov rather than someone's blog.	Kathryn41	Female	Canada	2011-07-20 21:15:00
Removing Conditions on Residency General Discussion	Question regarding renenwal of green card?	Topic has been moved from CR-1 forum to Removal of Conditions forum as the more useful location for this discussion	Kathryn41	Female	Canada	2011-07-20 18:11:00
Removing Conditions on Residency General Discussion	what comes next after biometrics for my I-751 application?	moved from AOS forum to Removal of Conditions Forum as OP filed an I-751 not an I-485	Kathryn41	Female	Canada	2011-07-30 11:58:00
Removing Conditions on Residency General Discussion	I-751	Two inappropriate comments have been removed. The OP asked for your advice - not your judgment or criticism about her situation. Please confine your comments to the OP's question - and if you have nothing 'constructive' to say, then do not post in this topic. ~~~~~~~~~~~~~~~~~~~ Moderator's 'hat' off . . . You do need to file to remove the conditions on your green card within the 90 day window before it expires. You will need to file to request the waiver from the joint filing condition - it is part of the form itself at the bottom. You are in the process of getting divorced even if your husband is dragging his feet, You won't be able to include any documentation with the form as you don't have it, although you should state in a cover letter that you are going through a divorce but it is not yet final. When USCIS gets to adjudicating your petition, they will send you an RFE for the divorce decreee so you still have some time. Best case scenario - you will have your divorce decree and will be able to provide it to them. Worse case scenario - you will not be able to provide it yet. You can request an extension on a decision until you do get the divorce decree. If the request for an extension is denied, you can appeal the decision or if they do start with deportation proceedings, you can request a stay from the judge until the divorce decree is obtained which will probably be approved unless your husband has clear cut evidence that you did not marry in good faith, You should provide as much evidence as you can of good faith marriage. You should also be prepared for your husband to contest this and if he has evidence that you did not marry in good faith, may provide it to ICE. Edited by Kathryn41, 18 August 2011 - 07:41 PM.	Kathryn41	Female	Canada	2011-08-18 19:39:00
Removing Conditions on Residency General Discussion	Removal of Conditions - changed from "Adjustment of Status"	Topic Title has been edited to reflect the correct petition in order to avoid confusion.	Kathryn41	Female	Canada	2011-08-20 14:26:00
Removing Conditions on Residency General Discussion	The true proof of a legitimate marriage	I included the microchip reports for our at the time 5 cats showing both of our names as owners and contacts; a letter sent jointly to a neighbour advising her to keep her animal out of our yard as it kept trying to attack our cats through the window, and information from when the IRS audited us the year after we married for alimony sent to his ex-wife. She wasn't declaring it and had crossed out alimony on the cheques and written in gift. We had copies of the cheques before they were sent to her as well as copies of the cancelled cheques and sent those to the IRS along with a copy of the divorce decree detailing the alimony amount. (They ruled in our favour). An IRS audit is never fun but it was a great piece of evidence to use for the I-751. Oh, I also sent copies of handwritten letters from my stepdaughter and grandchildren addressed to me discussing gifts and 'care' packages I had sent to them and full of nice chatty, family type of information. Edited by Kathryn41, 03 August 2011 - 11:03 PM.	Kathryn41	Female	Canada	2011-08-03 23:00:00
Removing Conditions on Residency General Discussion	Infopass for stamp?	Oops - sorry, just re-read that you don't have your green card anymore. It looks like the I-551 stamp is your only alternative now unless you can find your green card. You may run into some problem with USCIS as well if you haven't filed to replace the card officially - not just filing to remove conditions. It will be up to the officer with whom you speak on your Infopass appointment. Re: all of your photo ID expiring next month . . . it looks like they may all be tied in to your official immigration status date - which also expires next month. The receipt letter is valid for all work and travel purposes but it is supposed to be used in conjunction with the expired/expiring green card. Good luck. Edited by Kathryn41, 09 September 2011 - 07:32 PM.	Kathryn41	Female	Canada	2011-09-09 19:25:00