751 removal of conditions after divorce

[Ddudly]

I met my ex wife in sep 2005 we got married in the begnining of 2006, I had my interview on oct 2006 and received the temp green card on apr 2007. At that point things were not working out anymore, in jan she got arrested for carrying drugs and that was the last drop for me. I was working 2 jobs at the time while she was home supposely trying to find a job she used to work as bartender before at night but I didn't think that was a good idea. Well, as you see she was getting money from someplace else. I later found out that she was selling drugs. I dont have proof of that only the arrest. Anyway I file for divorce in 2008 we are now officially divorced but we haven't been living together since aug 2007. I now need to file to get the conditions removed. I don't know what to do, I don't think I should have stayed married just make things easier. Some people might think this is a minor problem but not for me, I don't think there was a way for me to save that marriage. I would end up in jail where is probably where she is right now......what should I do?

[yahayajp]

Originally Posted by Ddudly

I met my ex wife in sep 2005 we got married in the begnining of 2006, I had my interview on oct 2006 and received the temp green card on apr 2007. At that point things were not working out anymore, in jan she got arrested for carrying drugs and that was the last drop for me. I was working 2 jobs at the time while she was home supposely trying to find a job she used to work as bartender before at night but I didn't think that was a good idea. Well, as you see she was getting money from someplace else. I later found out that she was selling drugs. I dont have proof of that only the arrest. Anyway I file for divorce in 2008 we are now officially divorced but we haven't been living together since aug 2007. I now need to file to get the conditions removed. I don't know what to do, I don't think I should have stayed married just make things easier. Some people might think this is a minor problem but not for me, I don't think there was a way for me to save that marriage. I would end up in jail where is probably where she is right now......what should I do?

hello buddy, is still gonna be hard for you but hang in there.all you have to do is provide uscis with all the shared life you guyz hard before her arrest and divorce.meaning bills, lease,pictures,anything that will convince even a little babe that you guyz are ligid.then explain in bold words what happen and how the divorce come about and have it notorize.also try to get police reports or court papers about the arrest,make your letter very convincing.

[cherr1980]

You can do it ALL by yourself.

Jail has nothing to do with this. Why you going to be in jail? The worse can happen is that USCIS finds out and put you in deportation proceedings and you get in front of a judge, but you can avoid ALL that if you file for your I-751 right now.

Since you are already divorce you should not be waiting time and you must file ASAP!

Things to do:
1. Get your divorce decree (I think you have it already).
2. Get evidence of your sharing life...bills, bank accounts, tax returns from previous year filing jointly, pictures, everything about your sharing life. This is important since the I-751 you must demostrate (even if you divorced) that you had a marriage. Including and not limited even with email/junk email with both names, etc. but that shows same address.
3. If you can get affidavits from friends, do it.
4. Get the copy of her arrest for the drugs.
5. After you compile all that, including the copy back and forth of your green card, PLEASE READ THE INSTRUCTIONS OF THE I-751 before filing! then you are ready to file
6. File and include the correct fee (with the fee for biometrics) everything in one check.

If you need to file the AR-11 (change of address) do it right now.

If you need that you need more evidence or you are not sure, then consult an immigration lawyer and go ready with your questions and what you have.

Good luck!

[Ddudly]

Good to know. I thought I had to wait until 3 months before the 2 year conditional card aniversary. But if I can do it know it would be better to have this out of the way.

[pianoplayer]

Originally Posted by Ddudly

Good to know. I thought I had to wait until 3 months before the 2 year conditional card aniversary. But if I can do it know it would be better to have this out of the way.

Hi:

One can file I-751 immediately once the divorce is final - in this situation, the "90-day requirement" is NOT applicable.

[cherr1980]

In your case, that requirement is not longer viable...once you have your divorce decree in hand (and all your evidence of course) you can apply right away, actually since the moment you have your divorce decree...no waiting time there.

Good luck,

PD. By the way...even if you received a note from USCIS stating that you will be put in removal proceedings and all your work and blah blah terminated...they can say all that, but is the immigration judge who has the last word. Just get a good lawyer then...but that is just in case. Right now what you should do is to gather all your evidence and attach your divorce decree on it (copies please!) and send that package ASAP.

[Ddudly]

Im ready to file but which option should I choose?


d) entered the marriage in good faith but the marriage was terminated through divorce/annulment

or

e) I am a conditional resident spouse who entered the marriage in good faith and during the marriage I was battered by or was subjected to extreme cruelty by my US citizen or permanent spouse or parent.

I believe it is d) because it was my option to get out of the marriage, I just didn't want to spend time with someone who doesn't care about anybody or anything. but it is confusing which option to choose. Anybody can help?

[rein021d]

Originally Posted by Ddudly

Im ready to file but which option should I choose?


d) entered the marriage in good faith but the marriage was terminated through divorce/annulment

or

e) I am a conditional resident spouse who entered the marriage in good faith and during the marriage I was battered by or was subjected to extreme cruelty by my US citizen or permanent spouse or parent.

It seems that you fall in the d) category.
Unless you have indeed been beaten or severely abused by your spouse and have records of documented incidents (police, hospital, etc...)

[Triple Citizen]

If your divorce is final, go with option (d).

Originally Posted by Ddudly

Im ready to file but which option should I choose?

[Maria1984]

Originally Posted by Ddudly

Im ready to file but which option should I choose?


d) entered the marriage in good faith but the marriage was terminated through divorce/annulment

or

e) I am a conditional resident spouse who entered the marriage in good faith and during the marriage I was battered by or was subjected to extreme cruelty by my US citizen or permanent spouse or parent.

I believe it is d) because it was my option to get out of the marriage, I just didn't want to spend time with someone who doesn't care about anybody or anything. but it is confusing which option to choose. Anybody can help?

Hi,

Please let us know how your case goes.

I am in the similar situation, my husband is going to jail for 3 years. I have 2 years green card now. thinking about etting divorce

Thank you.