Divorce, Removing Conditions and waiver

[Dinha 0]

Hello guys!

Well, my marriage ended up and I have my CG good till 03/09.

I was gathering information here and I checked up all the information about what I will need.

I will start my divorce process ASAP and I noticed that since my marriage is over I will have to fill that form out by miself with a WAIVER.

Sorry my stupid question, but what is a " WAIVER" ??

Thank you guys!

[diadromous mermaid 36]

Hello guys!

Well, my marriage ended up and I have my CG good till 03/09.

I was gathering information here and I checked up all the information about what I will need.

I will start my divorce process ASAP and I noticed that since my marriage is over I will have to fill that form out by miself with a WAIVER.

Sorry my stupid question, but what is a " WAIVER" ??

Thank you guys!

Waiver is another term for self-petitioning to remove conditions by use of form I-751 with "d" checked on the top of the form, under the section that states....I am

[iamsam 0]

Just a warning: removing the Conditional Status will be tough if you divorce before you do so.

A friend of mine tried it and ended up deported. That doesn't mean the same will happen to you, but I'm guessing that's a risk that comes with it.

[Nich-Nick 3,354]

A waiver is like a relaxation of the law or rules. They have very specific rules for different immigrations, but there are a few circumstances where they will 'waive' certain parts of the rules if you have a good reason. So if you have one of those reasons, then an official will allow you a 'waiver' or special permission to adjust status on your own without following the normal rules (like have a USC husband as part of the picture.) You should study up on what the conditions are to get a waiver to see if you would be eligible.

Edited April 22, 2008 by Nich-Nick

[diadromous mermaid 36]

Just a warning: removing the Conditional Status will be tough if you divorce before you do so.

A friend of mine tried it and ended up deported. That doesn't mean the same will happen to you, but I'm guessing that's a risk that comes with it.

Not necessarily true. I've seen oodles of waivers successful. The main criterion is that the divorced alien must have a divorce decree and evidence of the bonafide nature of his or her intentions upon entering into marriage. The bonafide nature of those intentions is demonstrated by actions taken upon becoming married to share a residence and a financial life with the former USC spouse.

[russian_armenian 4]

Just a warning: removing the Conditional Status will be tough if you divorce before you do so.

A friend of mine tried it and ended up deported. That doesn't mean the same will happen to you, but I'm guessing that's a risk that comes with it.

I don't think so. Friend of mine was married less than a year and got 10yGC without problem (she run away from Russia with 2 kids, from 2 Russian alcoholic ex-husbands with high hopes, but ended up with an American-Irish alcoholic; nice guy, great professional, 6-figure income-but still needed to drink every day-morning and night; he was not abusive-I think she just filed a waiver with divorce decree). As long as marriage was bona fide and you can back it up with some proof, you should be ok.

My lawer said to me years back (at condition GC stage)-that if my marriage would not work out, I should call him and there should not be any problem with removal of conditions. And timeframe is the same for most cases. Only you have to remember, that immigration is not like court procedings-no presumption. So, you have to prove that marriage bona fide.