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  #1  
Old 17th October 2008, 07:34 PM
alexie alexie is offline
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confused and need help!

I was married to a USC for more than two years. I got my green card last Oct 2007 (which is a conditional permanent resident card), so that means it will expire next year which is 2009. My husband and I are separated now after he asked me to leave the house when I was five months pregnant. He had always been like this to me ever since, asking me to leave everytime we had arguments, but you know, because I do love him, I sticked with him all those time. I don't have any intentions of getting back with him no more because I already went thru a lot but my problem is, will it jeopardize my application for the removal of the conditions should I get divorced? Or should I just remain married to him until the process is through. My child is now 8 months old and I cant bear the fact to be away from her should immigration reject my application to remove conditions on my permanent resident card. I really need every possible opinion on my case...
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  #2  
Old 17th October 2008, 07:41 PM
wytel wytel is offline
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Quote:
Originally Posted by alexie View Post
I was married to a USC for more than two years. I got my green card last Oct 2007 (which is a conditional permanent resident card), so that means it will expire next year which is 2009. My husband and I are separated now after he asked me to leave the house when I was five months pregnant. He had always been like this to me ever since, asking me to leave everytime we had arguments, but you know, because I do love him, I sticked with him all those time. I don't have any intentions of getting back with him no more because I already went thru a lot but my problem is, will it jeopardize my application for the removal of the conditions should I get divorced? Or should I just remain married to him until the process is through. My child is now 8 months old and I cant bear the fact to be away from her should immigration reject my application to remove conditions on my permanent resident card. I really need every possible opinion on my case...
You're gonna have to get an attorney to help you.
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  #3  
Old 17th October 2008, 07:59 PM
bettyboop bettyboop is offline
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well you will need for him to sign for the application of removal of conditional, if you divorce uscis wont give the the 10 years Green Card.
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  #4  
Old 17th October 2008, 08:01 PM
alexie alexie is offline
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we have talked about this and he's more than willing to sign. Well I guess he should given all the things he did to me while we were together. My thing is, they might question me as to why we're no longer living together. What do you think? Thank you...
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  #5  
Old 17th October 2008, 09:39 PM
LucyMO LucyMO is offline
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if you prove your marriage was bona fide (and with a child produced in such a marriage, it will be easy), then your conditions should be removed.
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  #6  
Old 17th October 2008, 09:43 PM
kasonde kasonde is offline
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You can divorce your husband and apply for removal of conditions as long as you prove your marriage was in good faith.

Don't stick in a marriage for the sake of the green card. There are people who have divorced and gotten their green cards by proving that they entered the marriage in good faith but the marriage did not work out.
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  #7  
Old 18th October 2008, 01:06 AM
alexie alexie is offline
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yeah we have a daughter together. I actually told him about getting a divorce, but it seems like the very reason why he doesnt want us to get divorce is because he doesnt want to pay child support as he is pretty sure hes gonna be in hot waters once i will contact child support services for this...but thanks alot!
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  #8  
Old 18th October 2008, 01:15 AM
nscagony nscagony is offline
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You definitively do not have to stay with him if you are not happy. You can self-petition to have the conditional status removed by submitting evidence that the marriage was bona fide. Having a child together is probably already strong evidence for that. Get two attorneys, one divorce attorney and an immigration attorney.
__________________
I-140 EB2/NIW (ROW) at NSC, mailed 10/20/2007, RD 10/23/07, ND 11/08/07, AD 3/21/2008
I-485 (concurrent, ROW) at NSC, RD 10/23/07, 11/08/07, LUD 11/14/2007, FP 12/11/2007, INFOPASS 12/11/2007 (NC clear, BC clear), LUD 12/12/2007, RFE 7/18/2008, 8/1/2008 (received), 8/4/2008 (replied), LUD 8/5/2008 (received), LUD 8/6/2008, AD 8/12/2008 (Notice welcoming new permanent resident), 8/15/2008 Approval notice sent, LUD 8/18/2008.
Card received on 8/22/2008.
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  #9  
Old 18th October 2008, 12:25 PM
LucyMO LucyMO is offline
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start collecting evidence of joint life and bona fide marriage now.
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  #10  
Old 18th October 2008, 02:57 PM
doc w doc w is offline
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Alexie,

http://www.ilrc.org/vawa.php
Also google VAWA. Your answers are there.
all you want to know. Have faith. God bless.Have a friend who works for such an organization, which is why I know.
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