im late filling for removal of condition alomost 2 years late ?

[kim1 0]

hello every one

im kind new in this web one of my friend reffered me to this

i dont knew how to start .........

i entered usa with f1 bake in 2004 and i was happily married and i adjusted my status to 2 y temporary green card and my wife has familly emerg and she has to leave the country we were not expecting that she will stay there for long but things happed her sisiter was dieing and so she left and my temporary green card expried i had lost my job and i had being trought a rought time and when she come back we start looking to get things togghter and it was hard for us i had sufer from a lot of thing and i looked at the thing with diffrent way and i coudlnt do any thing i had being consultating with attorney all of them telling some thing you cant not file by yours self because you still married

thing went down hell and we couldnt stay toghetr now im divorce and i m filling by my self

i dont knew how it is gonna be

any help would be apprecaite it thx you

[Chica Yeyé 41]

You became an out-of-status person since your green card expired. Hence, you are subject to deportation already. Consult the best immigration attorney you can find; I don't think you have many chances of removing conditions, since you are TWO YEARS out of status.

[Rings 10]

There is only one way and that is to provide valid proof that you had to file late and this is not an easy thing to do. Normally the only "good" excuse to file late is if you are in acoma or something according to the law. As for now you are out of status and subject to deportation so you will need a lawyer if you want to stay.

[kim1 0]

thx you guys for all the replies it was not my fault my file was ready but i need her signture without it i coudnt file cause i was still married to her

thx again

[Rings 10]

Are you still with her now? If you are, you can file with a reason for you not being able to lift conditions in time, but it's hard to prove. You would have to have valid evidence explaining your reason for not filing. Better if she is removing conditions with you as well.

[Chica Yeyé 41]

thx you guys for all the replies it was not my fault my file was ready but i need her signture without it i coudnt file cause i was still married to her

thx again

It does not matter. You had an obligation to the US government to file on time.

Sorry - consult an attorney. You stand today with NO legal status in the country.

[kim1 0]

no acually when she got back we had so much problems and due to the finacial situation also i was so depressed and i felt that im loosing her cause i loved her and i still love her and the reason for div was that she felt that she was not fair with me and she want me to be happy i dont really blame her for any thing was out of her hand and mine it is just my fact and bad timming . she gave me all the document i need showing that she was out of state and a affidavit from her also expailaning the whole situation

thx u

[CountryBoy 0]

I translated this for myself as trying to read it was giving me a bit of a headache; I thought it might be useful to others so I pasted the translation below.

I hope this makes it easier for someone that may have information relevant to this post..

Translation ..

hello every one

I'm kind new to this website, one of my friends referred me to it

i don't know how to start .........

I entered the usa under f1 back in 2004. I was happily married and I adjusted my status to 2 year temporary green card. My wife had a family emergency and had to leave the country, we were not expecting that she would stay away very long but things happened, like her sister dieing. While she was gone my temporary green card expired, I lost my job, and I had been going through a rough time; when she came back and we start looking to get things together again we had a hard time .. I had suffered alot and I looked at things differently but I couldn't do anything. I have being consulting with attorneys and they kept telling me something about my not being able to file by myself because I am still married. Things went down hill between me and my wife and we felt we couldn't stay together anymore. Now I'm divorced and I'm filling by myself.

I don't know how it is going to work out for me

Any help would be appreciated

Thank You

[Rings 10]

Despite being two years late, you can still file to remove the conditions and have her story and affidavit with you and also file on the grounds of a good faith marriage and divorce, but because you are this late in filing they will have you go to the hearing to explain what happened and you have to have a pretty darn good reason for filing so late. I would prepare your documents now if you are going this route because it takes a lot of evidence to file this late and be granted the removal. Otherwise if you get caught they will deport you. If you are repairing your relationship and marriage that could help you in the process, but even then the proff and affidavit may not be enough. You should hire a good lawyer to help you in this.

[rika60607 215]

Seems like he had a good reason.

He could not file by himself until he got divorced. He did not want to divorce. All that looks good

IF deportation proceedings were not started against him, then it is questionable whether he was illegal for two years or not. Perhaps he overstayed, but he did not enter illegally or avoided orders to leave.

Since he did not work because of depression, at least there is no complication with illegal employment.

Your case may be approved depending on your evidence of bona fide marriage.

Despite being two years late, you can still file to remove the conditions and have her story and affidavit with you and also file on the grounds of a good faith marriage and divorce, but because you are this late in filing they will have you go to the hearing to explain what happened and you have to have a pretty darn good reason for filing so late. I would prepare your documents now if you are going this route because it takes a lot of evidence to file this late and be granted the removal. Otherwise if you get caught they will deport you. If you are repairing your relationship and marriage that could help you in the process, but even then the proff and affidavit may not be enough. You should hire a good lawyer to help you in this.

[kim1 0]

thanks to all of you with all replies i do really apprecaite it it was a ,lot of help pretty much i do not fel worry cause i feel that it was not my fault in first place and same time it was a love story between jus we knew each other 2 years befor we got married and that why i come here with f1 and i had change my status

i do have all the documents now and also my ex she said if you need me to show up and testefy im willing to do that also

thx you again for all the help

[D&R 0]

hello every one

im kind new in this web one of my friend reffered me to this

i dont knew how to start .........

i entered usa with f1 bake in 2004 and i was happily married and i adjusted my status to 2 y temporary green card and my wife has familly emerg and she has to leave the country we were not expecting that she will stay there for long but things happed her sisiter was dieing and so she left and my temporary green card expried i had lost my job and i had being trought a rought time and when she come back we start looking to get things togghter and it was hard for us i had sufer from a lot of thing and i looked at the thing with diffrent way and i coudlnt do any thing i had being consultating with attorney all of them telling some thing you cant not file by yours self because you still married

thing went down hell and we couldnt stay toghetr now im divorce and i m filling by my self

i dont knew how it is gonna be

any help would be apprecaite it thx you

I'm a bit confused. If your wife is totally on board even now that you're divorced. Why didn't she file with you at the time? I mean... I know she was out of the country for a family emergency, but I'd think traveling home for a short period to make sure that your husband stays in status and doesn't get deported would be pretty high on the list too. How long was she out of the country for? I'm not 100% sure of the procedure to update the temporary green card to a permanent one (or 10 year?) doesn't the wife have to appear in person, or could you not have just collected any information yourself and sent her any forms to sign via mail?

[Rings 10]

If they are divorced he can file without her as long as he brings the divorce decree, but 2 years is still a long time. He needs to gather as much evidence as possible and this would include proof of her being out of the country (ie: medical bills from overseas or doctors papers on the emergency and flight tickets and copies of her passport with stamps that prove she was not available to file with him) they are likely going to be very hard on him for evidence since he has filed late. The more evidence he can get the better in this case.