removing conditions based on good faith marriage

[mnkv99 0]

my spouse refuses to sign for the removal of conditional residence. we are currently seperated.

our marriage was done in good faith and i have all the documents to prove it. (lease agreement, drivers liscence address, joint bank account, photos, tax returns anything else????)

what are chances of getting waiver based on "good faith marriage"????

[mnkv99 0]

BUMP!!!!

[belgacem 0]

If your spouse comtinue to refuse to sign the petition, you wont be able to file to remove the condition on your residency unless you are divorced, so the best thing to do is to file for divorce and when it become final you can file your I-751 with a waiver request based on the fact that the marriage was entered into good faith, but terminated through divorce.

you should pay attention to time frames, if your spouse is willing to file jointly, you need to file within 90 days from the expiration date of your 2 years.

If your spouse is not going to sign the petition, and you file for divorce dont worry about the time frame, because then you have a legitime excuse why you filed late, is that you was in the process of divorce and you couldnt file jointly, because your spouse refused to sign, and had to wait untill the divorce is final. if divorce become finale before the expiration you can file also, the main thing in this case is that you are able to file as soon as the divorce is final it doesnt matter when it did.

when you file with a waiver request, make sure you send them as much evidence to prove that the marriage was in good faith, for exemple: copie of birth certeficate of any child born during the marriage, house purchase agreement with both name on it, lease contract with both name on it, joint bank account, car registration with both name on it, any letters, bills including credit card bills with both name on it, letter from your employer stating that you listed your spouse as emergency contact if you did in you application,affidavit signed and notorized from family member, freinds, neighbours, who can testify that they know you as a married couple, copie of wedding pics, or pics where taken during your marriage. the list is long and you can include any thing you can and you think it can be helpfull.

put your paper work in this order

head letter simple:

Date

immigration services center you are mailing your application to

RE: name

A#

I-751 Petion to remove condition on residence ( with a waiver Request)

Dear Sir or Madam:

I ( your name), Filing and I751 petition, I was married in ( place, city, state , date ) to ( your spouse name, and his citizenship). On ( date ) we divorced, Iam requesting a waiver based on the fact that the marriage was entered into good faith, but the marriage was terminated through divorce. Enclosed are the following documents in support of my petition:

1. Form I751 and a waiver request based on the fact that the marriage was entered into good faith , but terminated through divorce, along with two (2) photos of me and attached filing fee of $545.00

2.copy of divorce decree of ( your name and your spouse name)

3.copy of current Permanent resident card; and

4. list of documents establishing the validity our marriage :

EXHIBIT A: birth certeficate

EXHIBIT B: copie of car registartion with both names

EXHIBIT C: copie of house mortgage contarct signed by ( your name and your spouse )

EXHIBIT D:

EXHIBIT E:

and keep going alphebetic with your EXHIBIT, try to get as much as you can. put your paper work in the order mentioned above, and put a blank paper between every exhibit, write/type in the bottom of it the exhibit ex: EXHIBIT A then behind it put the exhibit A, the nanother blank paper type EXHIBIT B and behind it put your exhibit b and keep going that way untill you go thru your all evidences/exhibits

Thats how i did my application

GOOD LUCK TO YOU

[mnkv99 0]

thank you SO MUCH for that detailed post. i am going to consult with an immigration lawyer before I start anything, but I was really confused and just wanted to make head or tail of this situation.

if my divorce is finalized before my conditional green card expires, will the conditional GC also be terminated due to divorce? or is it always valid until the day it expires?

thank you

[belgacem 0]

thank you SO MUCH for that detailed post. i am going to consult with an immigration lawyer before I start anything, but I was really confused and just wanted to make head or tail of this situation.

if my divorce is finalized before my conditional green card expires, will the conditional GC also be terminated due to divorce? or is it always valid until the day it expires?

thank you

No it wont be terminated, it will stay in effect, but dont worry because as soon as you file and they recieve your application they will extend your stay for 1 year automaticly while your case is pending, the extention will alow you to travel and work, after you receive your NOA notice, they will set you an appointment for biometric, when you get your biometric done before you leave their office stop by the immigration costumor office present your passport and your NOA and they will stamp I554 in your passport extending your stay 1 year, and that will be your immigration status identification. been there done that .

good luck