A complex situation with 1-75i

[imconfusedashell 0]

Hi all,

I'm pretty new on here and decided to register because of the great standard of information and friendly folk that contribute to this very handy site.

My situation is as follows..

I grew up in the UK and married at the young age of 21 to a US citizen (K-1).

Everything went smoothly with our paperwork and I ended up moving over and getting my 2 year permanent residence card.

Thing is, the marriage lasted only two years. Not quite long enough to get my 10 year Visa, I am now in a situation where my 2 year has expired because my ex wife didn't agree to sign the paper work (1-75i).

I am now in a relationship with an amazing women whom I love and we want to be able to make a life together (without rushing into marriage).

My questions are as follows....

I have heard that the 1-75i can be filed without the spouses signature and with some kind of cover letter I can file for myself without the help of my ex wife. Is this true? Does anyone have any information on this? Is there somewhere I can find all the information on the 1-75i? For example, the supplement paperwork that goes along with it?

Also, am I illegal now my card has expired, or do I have until the divorce paperwork comes through?

Does being 'Illegal' affect my chances of successfully getting my permanent residence back?

And finally, does the 1-75i really cost $500 to file!?

I would be so greatful if anyone could possibly help,

Thank you so much and thank you to the creators of this forum!

-Mr. imconfusedashell

[Carolyn 1]

Do your research, but it might be difficult for you to stay in the US (unless you were abused by your ex). Check out the USCIS website--www.uscis.gov--and look up "Removing Conditions on Permanent Residence based on Marriage".

And yes, the cost to file the I-751 is $545, including biometrics.

Good luck.

[eau_xplain 2]

How long since your 2yr GC expired?

You would be eligible to file the I-751 on your own with a waiver as soon as you got a divorce decree for your first marriage. All you needed to submit, aside from the divorce decree, would be evidence to show that the marriage was real in the beginning. You will also need to include a letter explaining the reason for the delay in filing the I-751 (you were waiting on your divorce). You might also want to write a brief story of your marriage and why it ended.

Also, I think it would be good to consult with a good immigration lawyer just to make sure that there are no other complications that you might be facing.

[Scalpel 14]

Do your research, but it might be difficult for you to stay in the US (unless you were abused by your ex). Check out the USCIS website--www.uscis.gov--and look up "Removing Conditions on Permanent Residence based on Marriage".

And yes, the cost to file the I-751 is $545, including biometrics.

Good luck.

Even in the absence of spousal abuse, it's still possible for the OP to stay without any problems if he is able to convince immigration with sufficient evidence that the marriage was entered into in good faith and not just to circumvent immigration laws and get a green card.

And to the OP, (not trying to be rude ) but the kind of questions you are asking and the complexity of your situation suggests to me that it will be better you let a competent immigration attorney handle your case for you if you don't want to jeopardize your remaining chances. You might want to schedule an appointment with one in your area (most initial consultations are free).

[lucyrich 20]

Yep, you've got to remove conditions on the initial marriage, based on evidence that the initial marriage was entered into in good faith. See the I-751, there's a box to check for this situation.

Not that anybody has suggested this, but just in case the thought crossed your mind: Do NOT simply ignore the original marriage and requirement for lifting of conditions, thinking you can make a new application based on the new marriage. It doesn't work that way. I'm simplifying a bit here, but if you fail to remove conditions, they'll assume it's because your original marriage wasn't in good faith. If they think you committed marriage fraud once, they won't allow you to gain status using a new marriage.

So go ahead and remove conditions on the original green card. And consultation with an attorney or two might not be a bad idea, especially if you're not sure that you have sufficient convincing evidence regarding the original marriage.

[diadromous mermaid 36]

Hi all,

I'm pretty new on here and decided to register because of the great standard of information and friendly folk that contribute to this very handy site.

My situation is as follows..

I grew up in the UK and married at the young age of 21 to a US citizen (K-1).

Everything went smoothly with our paperwork and I ended up moving over and getting my 2 year permanent residence card.

Thing is, the marriage lasted only two years. Not quite long enough to get my 10 year Visa, I am now in a situation where my 2 year has expired because my ex wife didn't agree to sign the paper work (1-75i).

I am now in a relationship with an amazing women whom I love and we want to be able to make a life together (without rushing into marriage).

My questions are as follows....

I have heard that the 1-75i can be filed without the spouses signature and with some kind of cover letter I can file for myself without the help of my ex wife. Is this true? Does anyone have any information on this? Is there somewhere I can find all the information on the 1-75i? For example, the supplement paperwork that goes along with it?

Also, am I illegal now my card has expired, or do I have until the divorce paperwork comes through?

Does being 'Illegal' affect my chances of successfully getting my permanent residence back?

And finally, does the 1-75i really cost $500 to file!?

I would be so greatful if anyone could possibly help,

Thank you so much and thank you to the creators of this forum!

-Mr. imconfusedashell

You can not file the I-751 waiver as a self-petition until you have a divorce decree. How soon before that is available? Until that point you have no legal status in the USA, and no benefits that go along with it, such as work authorisation.

Edited April 6, 2008 by diadromous mermaid