Conditional Residency and Divorce

[jimmyaven 0]

I got married in August of 2006 and gained conditional residency in August of 2007. If I remember correctly, you're suppose to file to remove the condition before two years from the date you became a resident, right?

Well, my wife received a letter saying that the two year anniversary of our marriage is apporaching and asking to set up some kind of an interview to see "how things are going between us".

The truth is, we're going through a divorce right now. I filed it four weeks ago based on gound of "incompatibility."

What will happen if our divorce is finalized before our 2nd anniversary? What is this letter about? I was under the imppresion that 90 days before the 2nd anniversary of me being a resident, I could file a request to remove the condition and also the waiver since my wife won't be signing with me.

She also said that they told her that if we get a divorce before our second marriage anniversary, that I would be deported. Is that true?

I had thought that three months before two years from being a resident, I could file to remove a condition and also file a waiver that I'm no longer married, and just make my case to the INS from there.

Any help would be greatly appreciated.

[Staashi 371]

I got married in August of 2006 and gained conditional residency in August of 2007. If I remember correctly, you're suppose to file to remove the condition before two years from the date you became a resident, right?

Well, my wife received a letter saying that the two year anniversary of our marriage is apporaching and asking to set up some kind of an interview to see "how things are going between us".

The truth is, we're going through a divorce right now. I filed it four weeks ago based on gound of "incompatibility."

What will happen if our divorce is finalized before our 2nd anniversary? What is this letter about? I was under the imppresion that 90 days before the 2nd anniversary of me being a resident, I could file a request to remove the condition and also the waiver since my wife won't be signing with me.

She also said that they told her that if we get a divorce before our second marriage anniversary, that I would be deported. Is that true?

I had thought that three months before two years from being a resident, I could file to remove a condition and also file a waiver that I'm no longer married, and just make my case to the INS from there.

Any help would be greatly appreciated.

Have you seen the letter? In all the time on this board, I've never heard of anything like that...USCIS doesn't say that they want to see "how things are going between you." Somehow, I think your wife is making something up to scare you. Get your divorce and file for removal of conditions - you will have to be divorced to file on the basis of a waiver. Just make sure you have all your evidence that your marriage was entered into validly and not fraudulently. You will not be deported because you get a divorce. She is messing with your head...get out now.

Good luck!

[*JG* 2]

Yeah, I agree.....never heard of any kind of interview unless someone filed for removal of conditions. I'd ask to see that letter too.

You can file to remove conditions all on your own. A divorce does not equal an automatic deportation.

Sounds to me like someone is playing some games with your head.

[jimmyaven 0]

I asked her for the letter. She's gonna show it to me next time I see her. I pressed her for more information.

She said she called the USCIS number on the letter, and they told her that she needs to set up an apointment in the next three months. She told them that we're going through a divorce and that she thinks I married her for immigration reasons only (more on that in a second). They told her that if we get a divorce BEFORE our second marriage anniversary, that I would be deportable. They also told her that if she thinks I married her for immigration reasons, that she should call ICE.

She called them, and they told her that they would have to make a full investigation into her claims and look at the history of the relationship, etc... So she hung up on them....

You see, my wife is the delussional type. She was raised to believe that men don't file for divorce.. EVER! And that if they do, then they're every bad name in the book. She thinks men are suppose to stick it out NO MATTER WHAT and NEVER EVER get a divorce. So, since I filed for divoce, she's been under the impression that I only married her for immigration reasons and she's been threatning to get me deported.

I married my wife because I love her, but our marriage has reached a dead end. She was emotionally troubled, and I could no longer see us married anymore. So I filed for divorce.

I have two leases of two different places we lived together. I have some pictures of a trip we took together to another state. We had a joint bank account together, an auto insurance policy together, and a family cell phone plan. This is in addition to bills with my name that were sent to the address where we lived together. I hope and think that all of that is enough to make my case.

Thank you for confirming what I thought. But I'm pretty sure there is some kind of letter, and I will get my hands on it soon, and see what's that all about.

[diadromous mermaid 36]

I asked her for the letter. She's gonna show it to me next time I see her. I pressed her for more information.

She said she called the USCIS number on the letter, and they told her that she needs to set up an apointment in the next three months. She told them that we're going through a divorce and that she thinks I married her for immigration reasons only (more on that in a second). They told her that if we get a divorce BEFORE our second marriage anniversary, that I would be deportable. They also told her that if she thinks I married her for immigration reasons, that she should call ICE.

She called them, and they told her that they would have to make a full investigation into her claims and look at the history of the relationship, etc... So she hung up on them....

You see, my wife is the delussional type. She was raised to believe that men don't file for divorce.. EVER! And that if they do, then they're every bad name in the book. She thinks men are suppose to stick it out NO MATTER WHAT and NEVER EVER get a divorce. So, since I filed for divoce, she's been under the impression that I only married her for immigration reasons and she's been threatning to get me deported.

I married my wife because I love her, but our marriage has reached a dead end. She was emotionally troubled, and I could no longer see us married anymore. So I filed for divorce.

I have two leases of two different places we lived together. I have some pictures of a trip we took together to another state. We had a joint bank account together, an auto insurance policy together, and a family cell phone plan. This is in addition to bills with my name that were sent to the address where we lived together. I hope and think that all of that is enough to make my case.

Thank you for confirming what I thought. But I'm pretty sure there is some kind of letter, and I will get my hands on it soon, and see what's that all about.

If there really is a letter, it sounds to me as if it was not unsolicited. It might have been preciptated by either a report by her, or quite possibly by a family member that alleged fraudulent intent.

[cherr1980 1]

Wow, she is really pissed at you..sounds to me that you got a big bone here to eat.

1. Get ALL the evidence now, looking at what you might face seems that you might be restricted for more information, so get the evidence NOW!, keep all the original and make two copies. Quick tip: GET ALL YOUR PAPERWORK including your passpot and DO NOT LIVE IT AT HOME. If you have a good personal friend of yours, then leave things there so you can get access to or get a safe box in a bank.

2. Sounds that she is the one who started everything against you, I ever seen that USCIS reminds you that your 2 year anniversary is approaching and they really don't have the budget to check without any leads a house just because of that unless somebody has giving them more information in which SHE will have to demostrate as well what she is complaining about and she will have to proof that she indeed was not force or received any monies to get you a visa. Not all the guns are aim at you, she is responsible as well...so typical...when things don't go that way...suddenly all the immigrants marry for the freakin' papers...give me a break. I have to say that the law should punish US citizens who just decide to make the hell bad use of the law...everybody should be accountable for. Get all your immigration papers with you. They are yours.

But anyway,

3. Don't ever ever offer information unless you are correctly represented. That's the beauty of the US Justice System, use it at your favor.

4. How long you think will get your divorce done? Sounds that she will contested it or she signed the papers? If she did not sign the papers...that can go up to 6 months or more, because she will have to go to court with you. If she signed the papers, how long take in your state? That period of time is REALLY important.

5. It is true you have time until your real time of filing before the expiration of your card, the reality is that since you are in divorce proceedings you are not longer in a marital union so then you need your divorce decree ASAP so you can file for the removal of the conditions with the waiver. You don't need to wait until the 90 days before the expiration date, file as soon as you have your divorce decree with all your evidence.

6. In the case that things get REALLY bad, at seems that they could be...one, ask her for the letter and make a copy of it. Get a lawyer, you might need it.

Now what can happen?

a. You can get into an investigation and they can check if you have bank accounts, asked your neighbors, etc etc PLUS all that should be with an affidavit that she signed that she is agreeing that for some method she found herself giving fraudely a visa to you...how? that will be your case against her. To demostrate the contrary. You need a lawyer for this. You need affidavits of friends...how is your relationship with her family? Does your co workers knew her?

b. You can get on deportation proceedings even if your divorce is not final because you are not longer in marital union with her...now this is the "kind of best scenario" because you will be put in front (or you ask for it) of an immigration judge and you make your case in front of him. You should ask for time to your divorce finalize so you can apply on your removal of conditions.

c. If you get on deportation on grounds of marriage fraud, that's a big one. You need extremely accurate expertise help.

In general, at the end, they are solutions but they will be long and will depend how much she convince the authorities that you indeed or not commited fraud to obtain your permanent residency.

They need to proof that indeed you did so, you get ALL the information that you can now, your lawyer will require that. Do not forget simple stuff, like neighbors, your landlord him/herself, even the guy in the grocery store that always say hi to you and asked for her...just ask if they say no, they don't want...you keep looking. Don't forget your TAXES!!! important that you have been filing as joint married...all those silly things...are important. Medical bills, etc.

Good luck!

[zozo 0]

I got married in August of 2006 and gained conditional residency in August of 2007. If I remember correctly, you're suppose to file to remove the condition before two years from the date you became a resident, right?

Well, my wife received a letter saying that the two year anniversary of our marriage is apporaching and asking to set up some kind of an interview to see "how things are going between us".

The truth is, we're going through a divorce right now. I filed it four weeks ago based on gound of "incompatibility."

What will happen if our divorce is finalized before our 2nd anniversary? What is this letter about? I was under the imppresion that 90 days before the 2nd anniversary of me being a resident, I could file a request to remove the condition and also the waiver since my wife won't be signing with me.

She also said that they told her that if we get a divorce before our second marriage anniversary, that I would be deported. Is that true?

I had thought that three months before two years from being a resident, I could file to remove a condition and also file a waiver that I'm no longer married, and just make my case to the INS from there.

Any help would be greatly appreciated.

السلام عليكم ورحمة الله و بركاته

انا حصل معي تقريبا نفس اللي حصل معك و انا شبه متأكد انها كذابه بخصوص الرسالة من دائرة الهجرة و حتى لو انها بعثت لهم ورقة تشرح فيها انك انت تزوجتها بس علشان الاوراق ما راح يسمعوها بس ...ممكن احكي معك و اقول لك ايش اللي عملته انا بالضبط تلفوني خمسة صفر تسعة ثلاثة خمسة صفر تسعة اثنان ثلاثة تسعة

[Romabell 6]

She also said that they told her that if we get a divorce before our second marriage anniversary, that I would be deported. Is that true?

No. It is not true. Your status is legal for two years from the date your resident card was issued.

Besides all the papers you mentioned, you will need affidavits from relatives and/or friends, that state your marriage was real and they knew you as a happy couple. You need ANY evidence you could provide to covince USCIS, that the marriage was in a "good faith", but it simply did not work. Also, You need to find photos, e_mails, letters, love notes and any other written evidences, that you could use to demonstrate you had strong love feelings for her. You will need all of this, so the more - the better.

If thete is a letter from the USCIS, it only could be a letter-response to her report about you left her/married her just to obtain a citizenship.

As I understood from your post you are not living anymore together. Did you report the change of address to the USCIS?

If not, then you should do it immediately because of two reasons:

1. Not reporting the change of address is a serious violation of the immigration law and it could lead to deportation;

2. It is important for you, that USCIS have your current address, so they can contact you in case there will be an investigation, because it is against your interest for you to stay away of the process.

Also, do not give any information to your wife about your intentions. You may need to record some talks with her, that you may use in your cause /think abouth the different kinds of psychological abuse........./. At any rate, be creative , think what you can do to protect yourself against her actions.

At last, there are a good lawyers and I am positive, that you will make it, just do not let her manipulate you.

Good luck!