Remove Conditions

M

machita

Registered Users (C)
Hello Everyone,

Here is my situation and I would really appreciate it if I can get some advice from you guys. My friend referred my to this forum and I hope I find it helpful.
Background:
I am Palestinian (Palestine is not listed in this forum neither at the USCIS website/system). I came here in 2005 for two months then I went back home. In 2006 I came back to the US on F1 and finished my Masters in 2008.
Right after I finished my MA I received an OPT. In the day OPT started, I got married to a US citizen. We got married on August 30th 2008. So we have been married for a little over a year. Since I had my OPT I didn’t file right after I got married. I filed for green card on January 15th 2009. Then went to an interview which took only about 10 minutes and my card was approved. I received the actual card in June 2009.

For the past couple months, our marriage has been going down hill. We have been trying counseling since then it seems it is not working for us. Now we feel we are different and actually stupid. It is so difficult and I don’t think it will work out.
I moved out last week and I was about to file for divorce. My wife asked me to wait. So I waited but I don’t know why, I think I should have filed for divorce. But I know we will have eventually file for divorce.
We have entered marriage for love. Although my dad was a little against it, I decided to get married. She is 30 years old and I am 26.

I know I have to file to remove the conditions on my own if I want to stay- Of course I want to stay in the US.

Here is an example of what I have:
1. Heath Insurance
2. Accidental insurance
3. 401K
4. Two cars insurance
5. Two ownership of cars
6. Joint back account, checking and saving
7. Joint credit card
8. Tax return I filed separately but married.
9. Letters of love to each other
10. Letters from family and friends for birthdays, Christmas, etc///
11. Emails: over 1100 pages between me and her since we got married
12. Records of calls
13. My paychecks and hers
14. Dental insurance
15. Pictures of us and family in holidays and activities: over 3000 (crazy ha? My wife never let go with the camera)
16. Trip planning to Palestine for both of for her to meet my family in August 2009( with pictures and videos with my family)
17. Marriage video
18. Videos of us: more than 12 GB
19. Letters from friends testifying of our marriage
20. Mail that shows our addresses
21. To leases agreements with both of our names on it
22. Comcast bills with both of names on it
23. Netflex with both of name son it
24. Questar gas with both of name son it.

I can’t think of anything else, but I think I have more stuff (please suggest).

My questions are:
• Is this enough evidence to remove the conditions on my own?
• Does it matter to the USCIS that my wife is older than me? (It did matter to my dad)
• Have you know of any I-751 waiver that got denied? Or ended in deportation?
• Should or should my wife file for divorce?
• How long does it take to get approved? Will I be asked for an interview?
• Do I have any other alternatives if my case was denied? What is the worst case scenario?
• If there are people with waivers that got approved, please share your experiences.
* Does it matter how long have I been married? or how I have the conditional green card?
I am sorry for the long post. I know that my marriage was real and God/Allah knows that too.
Your answers are greatly appreciated.
 
Dude,

You have solid evidence, but you are going to face a difficult removal of conditions situation. The fact that your marriage seems to fall apart immediately after getting your greencard approve is going to be a major red flag.
 
My questions are:
• Is this enough evidence to remove the conditions on my own?

It looks like it, you have a lot of joint bills and stuff.

• Does it matter to the USCIS that my wife is older than me? (It did matter to my dad)

Well, I do know that when the spouses going for a GC interview are from markedly different cultures/countries, etc, that they are suspected somewhat more. But since you got your conditional card already, I dont think they will suspect you too much

• Have you know of any I-751 waiver that got denied? Or ended in deportation?

Yes I do. In that case, the GC holder and his spouse (US Citizen) led seperate lives after he got his conditional. They didnt have a "paper trail" of joint bills and stuff. So he was denied.

• Should or should my wife file for divorce?

I think if you can convince your wife to stay in the marriage until you remove conditions, it would be the best thing for you. I hope she dooesnt try to be vindictive and try to mess your case up

• How long does it take to get approved? Will I be asked for an interview?

I dont know

• Do I have any other alternatives if my case was denied? What is the worst case scenario?

I dont know

• If there are people with waivers that got approved, please share your experiences.


* Does it matter how long have I been married? or how I have the conditional green card?

I guess the longer you have been married, the less it looks like your marriage was an attempt to get a GC

Good luck
 
Triple Citizen

Guys i just want to take advantage of this conversation and ask,

What if the time of removal of conditions comes but your wife didn't want to sign and you decide to file for divorce after your CGC has expired, Can anyone in a similar situation where his/her CGC still is able to wait for the divorce to be finalized and then apply for a 751 waiver or not is too late?
 
Last edited by a moderator:
That will be a tricky scenario. An I-751 needs to be filed when the divorce is finalised or the card is within 90 days from expiry, whichever occurs first. I think in such a scenario where divorce is still pending and the spouse refuses to sign a joint I-751, the CPR should file an I-751 with the waiver seeking option without a divorce decree. This will buy time and also ensure that the CPR does not fall out of status.

conference said:
Can anyone in a similar situation where his/her CGC still is able to wait for the divorce to be finalized and then apply for a 751 waiver or not is too late?
Click to expand...
 
Why should I face a difficult remove of conditions? Because the divorce was 7-8 months after the GC was issued?
 
That really sucks. But I have a lot of evidence during these months of the conditional green was issued.

I would stay married married for a couple more months but it doesn't make sense. It is unethical.
 
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