Conditional permanent card question

S

sh123

New Member
Hi, I received GC thru marriage Dec '07. Been married since Jan '07, so it will be 2 years of marriage in 2 months. We live together in a house we own.

Now there is a problem: things aren't going that well... On top of emotional issues I experience I now start worrying about the immigration issues... I have to file for removing conditions in 10 months, but I am not sure whether we will stay together that long :(

How hard is it to prove that this marriage was in good faith considering we lived together for 2 years, own house, went to same school, work in same company?
 
If you have proof of conjugal cohabitation for 2 years, you should be ok.

sh123 said:
How hard is it to prove that this marriage was in good faith considering we lived together for 2 years, own house, went to same school, work in same company?
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I encourage always that you try to work things out not for immigration things but for your own...you anyway loved or still love your spouse. But if still things does not work, because they sometimes DO NOT then don't panic.

Filing with a waiver, is the same thing as filing jointly only that you first of all must be divorce, with the divorce decree in hand...if you are not then you are pretty much in a limbo state since the USCIS only recognize two things: if you are marry or if you are divorce. Not separation. Since divorce procedures are different State by State...then I will suggest that check that FIRST. Plus recheck all the other consequences if you want to get divorce...house, marital assets and if your spouse most be not willing to do so (which is most of the cases) that make a huge difference. And that is all civil not federal or related to immigration.

Once you are divorced you file (you can use a lawyer but that won't make a difference unless you are not sure what to do like now) your I-751 and you don't have to wait for the 90 days period before your card is expired...the sooner the better. You send the same quantity or more evidence of your comingled life as if you were filing jointly.

You may or may not call for an interview, there are cases that they haven't there are others they have...same as filing jointly. There is no really major info on it.

By the way, you file for the removal of your conditions within 90 days BEFORE your GC expiring date not your marriage anniversary. If you get divorce, you can file for your removal at whatever time once you have your divorce decree.

Good luck.
 
Thank you for your help, guys. She talked about getting some time off 'to think': meaning she would go back to her hometown for I don't know...6 months or so and stay with her mom.

Now, there are lots of emotional issues for me to sort through and I hate the fact that I have to think about immigration at the same time, but from the point of removing conditional residency: which situation is better?

- Divorced after living together 2 years as husband and wife (and 1 year more as gf/bf before that)

or

- Lived together 2 years as husband and wife (1year as gf/bf on top of that) but living separated for last 6 months (at the time when I am applying to remove conditions).

One unrelated question for the application itself: it says pictures are preferable. I probably have 300-400 pictures of us travelling, celebrating things, pictures with friends. I know I should make a solid case, but should I really send hundreds of pictures? What's the number of pics I should be looking at?

Thank you very much for your help.
 
Also...what if things fall apart a month before I am to apply for removing condition on GC? I don't think divorces are fast.. On a good note, I am sure she will be completely helpful if it comes to that.
 
Your I-751 should be submitted as either signed jointly or with a waiver request if the divorce is finalised.

sh123 said:
Also...what if things fall apart a month before I am to apply for removing condition on GC? I don't think divorces are fast.. On a good note, I am sure she will be completely helpful if it comes to that.
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