Advice please.=(I-751 without the petitioner.

[chelsey29]

Hi everyone please help me with my situation.I'm really so worried and really losing hope for my marriage to workout.I'm trying to work on it but my husband left me.Until now I don't know his reasons.He don't talk to me anymore and I learned He left the country.We just got married last year March2010,He was confined at the hosp. April2010 during our vacation here in CT,He got sick and diagnosed to have a bipolar.After that,the military fetch him and I fly back to SC alone bec. by that time I wasn't declared as a wife. I tried my best to give him all the care and love I can.I didn't gave up bec. I really loved him.He was once again confined in SC,I even don't know how to drive that time so our military friends were just helping me.June-Nov. we live as normal couples.

But then Dec. we decided to left South Carolina were He was based (he is in Military by that time) and bec. of his diagnosis He was put on Temp. disability. We decided to move here CT.with my rel.to start again.I strived to get a job so we have means of income too.By the time I got a job, He's acting weird,he said we're not couples anymore.He told me He wants a divorce.I was surprised bec. we don't have any misunderstanding.I tried to make him understand that we our couple in happiness and sadness.But during the entire Dec. I can't hug or kiss him.He tried to push me away whenever I'll try to hold him. by that time I decided to let him seen again by his dr but He don't want to.The day supposedly his appointment to his Dr.He left me.He drive from Ct to CA.His family told me just let him go.They told me they will try to talk to him.But then once my husband was already there in CA,they don't talk to me.They're telling me just move on with my life.He left me without nothing.If only without my sister I don't know where I am now.

I just got my GC ,I don't know now what will happen to me here.I was hoping that He will come back,but I think that will not happen anymore.He left the country,without telling me.Now my prob. is can I file alone my I-751? Please help me.I'm still in the process of adjusting here in US,but this are all happening to me.='(

 

[BigJoe5]

Yes, you can file the I-751 on your own.

Step 1 is gather all the evidence that you can while still legally married. [Get affidavits from people who know what happened: your friends on base, his family, your own family if here and did witness any of his behavior, and any professionals that were involved. You say he was hospitalized and was placed on disability by the military, so, there has to be a written record of these events. Be creative and seek professional help. Find free or inexpensive legal assistance at: http://www.justice.gov/eoir/statspub/raroster.htm]

Step 2 is file for divorce.

Step 3 will be filing the I-751 in a waiver category.

8 CFR § 216.5 Waiver of requirement to file joint petition to remove conditions by alien spouse.

(a) General.

(1) A conditional resident alien who is unable to meet the requirements under section 216 of the Act for a joint petition for removal of the conditional basis of his or her permanent resident status may file Form I–751, Petition to Remove the Conditions on Residence, if the alien requests a waiver, was not at fault in failing to meet the filing requirement, and the conditional resident alien is able to establish that:

(i) Deportation or removal from the United States would result in extreme hardship;

(ii) The marriage upon which his or her status was based was entered into in good faith by the conditional resident alien, but the marriage was terminated other than by death, and the conditional resident was not at fault in failing to file a timely petition;

or

(iii) The qualifying marriage was entered into in good faith by the conditional resident but during the marriage the alien spouse or child was battered by or subjected to extreme cruelty committed by the citizen or permanent resident spouse or parent. [You may have a claim for mental cruelty even though he does not seem to have done anything on purpose but rather due to his own psychiatric problems, it is unclear and only an option that you might not need to fallback on.]

Good Luck,

 

[chelsey29]

Thank you so much for your reply.When can I start to file the I-751?do I still need to wait till the 90 days before it expires(my gc)? Or I can apply now as early as now?

 

[namecheckvictim]

As long as you are filing for a waiver, it is not required to wait till the 90 day period before expiration. You can file immediately if you want.