We are separated (sad)

[marimar22 0]

Dear Friends,

I got married in USA on December , 2006. I arrived to USA thru a fiancee visa and got my 2 year conditional green card without any problems or delays. We dated 2 years and had enough evidence.

My marriage was (or is) a totally mistake, i lived under emotional abuse during the time we remained together. He made me sign a prenup agreement that i didnt even read it, he just told me i would get nothing from him under any circumstances in case o divorce. I agreed.

During my stay in USA he used to ignore and insult me all the time. He bought my plane ticket and sent me back to Mexico without a penny. I arrived to Mexico without money and no job in agost 2008. My family is helping me.

He didnt want to share anything with me (financially).

Im living in Mexico and I dont have plans right now to move to USA again, but I would like to get my 10 year green card because my son will study and live one year in USA and i will need it in order to visit him.

I would like to get my 10 green card without my husband. I would have to send my application in January 2009 because my green card expires april 2009. And honestly I dont think i will have the divorce decree by then.

Can I file by myself and still be married but separated? If this is correct what documents should I send? Attorney is expensive and cannot aford it.

I would really aprecite your help. Please give me an advice.

[Cassie 8]

You can't live outside the US and get the 10 year green card, because it is based on residency. You have to live in the US to be considered a permanent resident.

I am sorry about your situation.

[JenT 0]

You can file to remove conditions on your own, but as Cassie said, you need to be in the US to do so.

Jen

[Kiv 32]

If you get divorced you do not need to wait the 2 years to remove conditions.

It may take longer but if you can prove that got married in good faith you can remove conditions as divorced.

I would not recomend you to try to get removal of conditions if you are separated, even if your divorce is not final by the time you have to apply. He may (as I have seen many citizens do here) report to USCIS that you are not together anymore, or they may call you for an interview and you will depend on his will to help you. I think is better to be honest and say the truth from the begining.

As you have been told; you need to live in the us to remove conditions, if you are out of the country as a resident for more than 6 months you may loose your residence. Good luck!

[pushbrk 13,009]

You can file to remove conditions on your own, but as Cassie said, you need to be in the US to do so.

Jen

And you need to be divorced first to file on your own. It seems you have two Catch 22's. You're not in the USA and you're not going to be divorced in time to file to remove conditions on your own. Both, technically, are solvable. You can come back and get a divorce on your own to solve both problems. It's up to you. Perhaps you can't afford to do so. If so, that's unfortunate indeed.

[marimar22 0]

Thank you very much for your replies, and well, to tell the true, i dont have plans or money to come back to USA, i was wondering what would happen if I abandon this process (file for 10 year card) and apply for a tourist visa in the future??? Im thinking in doing it when i get a job here. I would like a visa because my son will study in USA and would love to visit him!!!!!

On the other hand, my husband said he would get the divorce by his own in one year after i left USA, is that correct?

In Mexico you would have to wait 2 years of separation and then file for divorce by his own. Im not sure about PA divorce rules, anyway, hes attitude is sooo unfair, i left everything (a good jod, my son, my family) just to be with him. I feel so dissapointed.

Thank you.

[RonnieKris 26]

On the other hand, my husband said he would get the divorce by his own in one year after i left USA, is that correct?

In Mexico you would have to wait 2 years of separation and then file for divorce by his own. Im not sure about PA divorce rules, anyway, hes attitude is sooo unfair, i left everything (a good jod, my son, my family) just to be with him. I feel so dissapointed.

Thank you.

I am not sure about why he is saying one year, but I think if he files for a divorce it is final in 30 days. However, if you are not present in the US, he may say you abandoned him and then there may be a wait (up to one year) to see if you show up to answer his divorce petition.

[JenT 0]

On the other hand, my husband said he would get the divorce by his own in one year after i left USA, is that correct?

In Mexico you would have to wait 2 years of separation and then file for divorce by his own. Im not sure about PA divorce rules, anyway, hes attitude is sooo unfair, i left everything (a good jod, my son, my family) just to be with him. I feel so dissapointed.

Thank you.

I am not sure about why he is saying one year, but I think if he files for a divorce it is final in 30 days. However, if you are not present in the US, he may say you abandoned him and then there may be a wait (up to one year) to see if you show up to answer his divorce petition.

It depends on the state he lives in. Here in Michigan, there's a 6 month waiting period if you have children. Otherwise, it's only 60 days.

[rika60607 215]

There is a lot of misleading info in this post.

Don't rely on this one.

If you get divorced you do not need to wait the 2 years to remove conditions.

It may take longer but if you can prove that got married in good faith you can remove conditions as divorced.

I would not recomend you to try to get removal of conditions if you are separated, even if your divorce is not final by the time you have to apply. He may (as I have seen many citizens do here) report to USCIS that you are not together anymore, or they may call you for an interview and you will depend on his will to help you. I think is better to be honest and say the truth from the begining.

As you have been told; you need to live in the us to remove conditions, if you are out of the country as a resident for more than 6 months you may loose your residence. Good luck!

[venusfire503 54]

Thank you very much for your replies, and well, to tell the true, i dont have plans or money to come back to USA, i was wondering what would happen if I abandon this process (file for 10 year card) and apply for a tourist visa in the future??? Im thinking in doing it when i get a job here. I would like a visa because my son will study in USA and would love to visit him!!!!!

On the other hand, my husband said he would get the divorce by his own in one year after i left USA, is that correct?

In Mexico you would have to wait 2 years of separation and then file for divorce by his own. Im not sure about PA divorce rules, anyway, hes attitude is sooo unfair, i left everything (a good jod, my son, my family) just to be with him. I feel so dissapointed.

Thank you.

In PA (where I live), if you both sign some extra papers, a divorce can be finalized very quickly. It was more than 90 days since the divorce had been filed, and my ex and I both signed "waiver of notice of intention to request entry of a divorce decree under § 3301 © of the divorce code" and "affidavit of consent" (sorry - I didn't feel like capitalizing everything) which allowed us to avoid a waiting period before the divorce was finalized. We sent the paperwork in and got a Divorce Decree about a month later. So basically, if there is no negotiation about property, custody issues, etc. (or you can resolve those issues within the 90 days), you could get a divorce within 4 months.

[pushbrk 13,009]

Thank you very much for your replies, and well, to tell the true, i dont have plans or money to come back to USA, i was wondering what would happen if I abandon this process (file for 10 year card) and apply for a tourist visa in the future??? Im thinking in doing it when i get a job here. I would like a visa because my son will study in USA and would love to visit him!!!!!

On the other hand, my husband said he would get the divorce by his own in one year after i left USA, is that correct?

In Mexico you would have to wait 2 years of separation and then file for divorce by his own. Im not sure about PA divorce rules, anyway, hes attitude is sooo unfair, i left everything (a good jod, my son, my family) just to be with him. I feel so dissapointed.

Thank you.

In PA (where I live), if you both sign some extra papers, a divorce can be finalized very quickly. It was more than 90 days since the divorce had been filed, and my ex and I both signed "waiver of notice of intention to request entry of a divorce decree under § 3301 © of the divorce code" and "affidavit of consent" (sorry - I didn't feel like capitalizing everything) which allowed us to avoid a waiting period before the divorce was finalized. We sent the paperwork in and got a Divorce Decree about a month later. So basically, if there is no negotiation about property, custody issues, etc. (or you can resolve those issues within the 90 days), you could get a divorce within 4 months.

The OP simply needs to check the divorce laws in the State her husband lives. We could cite the laws in all the other 49 States but it would be meaningless.

I suspect he's been advised to delay the divorce so that she cannot remove conditions. The only solution in that event is to secure her own divorce but if he contests, he can still be successful in delaying sufficiently to thwart her condition removal and effectively nullify his I-864.

[diadromous mermaid 36]

If you plan on filing a waiver I-751 to remove the conditions placed on your residency, it is correct that you will need a divorce decree first, however, if you do plan on pursuing this course, be advised that it can take up to a year to adjudicate. I would make arrangements to return to the USA, get a job, and then file for divorce, immediately so that the divorce can be finalised before your conditional card expires. If you do not maintain residency in the state you just left, it is often necessary to reside in a state for a period of time before you can file a petition for divorce.

Dear Friends,

I got married in USA on December , 2006. I arrived to USA thru a fiancee visa and got my 2 year conditional green card without any problems or delays. We dated 2 years and had enough evidence.

My marriage was (or is) a totally mistake, i lived under emotional abuse during the time we remained together. He made me sign a prenup agreement that i didnt even read it, he just told me i would get nothing from him under any circumstances in case o divorce. I agreed.

During my stay in USA he used to ignore and insult me all the time. He bought my plane ticket and sent me back to Mexico without a penny. I arrived to Mexico without money and no job in agost 2008. My family is helping me.

He didnt want to share anything with me (financially).

Im living in Mexico and I dont have plans right now to move to USA again, but I would like to get my 10 year green card because my son will study and live one year in USA and i will need it in order to visit him.

I would like to get my 10 green card without my husband. I would have to send my application in January 2009 because my green card expires april 2009. And honestly I dont think i will have the divorce decree by then.

Can I file by myself and still be married but separated? If this is correct what documents should I send? Attorney is expensive and cannot aford it.

I would really aprecite your help. Please give me an advice.

[Kiv 32]

There is a lot of misleading info in this post.

Don't rely on this one.

What part makes you say that?

[marimar22 0]

My husband has told me he would be willing to go to the interview if i file to remove conditions in january, but I would have to sign the divorce documents prior to removing conditions, here is his suggestion:

1. we file the application papers for divorce, no government agency will ever know that we filed since there is nothing official on file at the US state department or Immegraton Dept. we are still married, there is a single piece of paper that sits in a file drawer at the courthouse. but this starts the 90 day period that I want to get over with.

2. You start the green card application as soon as your allowed

3. you come back to the usa for our interview and we both sign the final divorce documents (January ?)

4. We wait for your green card to arrive. AFTER YOUR GREEN CARD COMES I WILL THEN FILE THE FINAL DIVORCE DOCUMENTS.

5. Divorce is over 1 month later (February?)

My green card expires in april 2009. I would have to file in January 09.

This is very complicated since i am not in USA and i dont know what to do.

THANKS TO EVERYBODY.

[Chica Yeyé 41]

What you have agreed to do is VISA FRAUD.