carpfishing said:Does anyone know what I should do? Married over 2 years ago, marriage failed (irreconcilable differences), we have an infant. How do I file my I751 and go to the 2nd interview without my spouse? What should I do? Will they kick me out...do I need to file differently? GC exp 5/24/07
carpfishing said:We were told to file the I-751 90 days prior to the PR card expiration date which is 5/24/07. We would (have been) married 3 years in august 07. I still have time to file the I 751, our 2nd interview would be in may, but due to the marriage not working, she is not up to lying to the government to keep me here. It WAS real.
FJCRUISER said:I would say that is not correct. Others may know better. I was pretty certain the instructions, as I recall, specifically say within 90 days of being married for two years. But I am far from an expert, so I could be wrong. Someone here will know the correct answer.
geppo said:It is 90 days before the expiration of the conditional green card.
carpfishing,
you can file a waiver if there is a divorce and it is finalized before the date of filing. My advice however is to try and find an immigration attorney.
FJCRUISER said:I would say that is not correct. Others may know better. I was pretty certain the instructions, as I recall, specifically say within 90 days of being married for two years. But I am far from an expert, so I could be wrong. Someone here will know the correct answer.
LucyMO said:FJ, I have to ask you to please stop dispensing advise if you don't know the answer or if you are simply unsure whether your advise is correct. You can really screw somebody's life up if they follow your incorrect advise.
If you are unsure, please get the info on www.uscis.gov and then give advise. If you are still unsure, don't give advise at all. This is not the first time you do it.
If you are still married, you MUST file within 90 days BEFORE the expiration of your conditional card. Otherwise you find yourself without a GC.FJCRUISER said:The 90 day thing begs the question,,for my reference....can you file after your second year of marriage, or do you have to wait until 90 days before the second anniversary of your PR?
Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires. If this petition is not filed, you will automatically lose your permanent resident status as of the second anniversary of the date on which you were granted conditional status.
2. Filing with a request that the joint filing requirement be waived. You may file this petition at any time after you are granted conditional resident status and before you are removed.
LucyMO said:If you are still married, you MUST file within 90 days BEFORE the expiration of your conditional card. Otherwise you find yourself without a GC.
carpfishing said:Thank you all for your help, even if you are not exactly sure of the answer I am grateful for the help. It also says you can file a waiver if the deportation would cause you extreme hardship, wouldnt having a child be considered extreme hardship?
carpfishing said:Just moved out, have not filed yet. I heard we have to go to the interview together anyway? Unless by some miracle we are actually divorced by the time of the interview.