need some help ( div filling waiver)

[kerrey1979 0]

hi every one im new here one of my friend told me about the site so im in some topic as so many peaple allow me to say some thing about my case . im married to us citizen for about 4 years now and my gc expired about 1.5 years cause she was out of the country and when she came back we couldnt get alone together didnt knew what happend with her so now we filling for diviorce and i dont knew from where i start

please any ideas that would be verry apprecaited thx you

[belgacem 0]

If your spouse continue 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, then another 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

In your case you will have to prove why you did not file on time, this mean you will have to prove that your spouse was out of the country during the filing time frame ( 90 days before your GC expired) you can prove that by a plane ticket or costumors stamps in your spouse passport, or that your spouse did not want to sign the petition with you when it was time to file or after she come back, and you was trying to make things work out between you and your spouse.

I filed my application 1 year after my GC expired, but i was going thru the divorce process for almost 2 years, from june 06 to april 08 when it become final, recieved my NOA the end of june 08, did my biometric on july 08, get 1 year extention stamp on my passport ( I554), and still waiting for the approval hopefully it wont be long to get approved.

GOOD LUCK

[kerrey1979 0]

If your spouse continue 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, then another 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

In your case you will have to prove why you did not file on time, this mean you will have to prove that your spouse was out of the country during the filing time frame ( 90 days before your GC expired) you can prove that by a plane ticket or costumors stamps in your spouse passport, or that your spouse did not want to sign the petition with you when it was time to file or after she come back, and you was trying to make things work out between you and your spouse.

I filed my application 1 year after my GC expired, but i was going thru the divorce process for almost 2 years, from june 06 to april 08 when it become final, recieved my NOA the end of june 08, did my biometric on july 08, get 1 year extention stamp on my passport ( I554), and still waiting for the approval hopefully it wont be long to get approved.

GOOD LUCK

[kerrey1979 0]

thx u begecem for yours replay im really worry about situation now my attorney she said you should be fine as llon as we have document showing that the marieage was in bona fide we have nothing to worry about just now my gc expried already 18 months ago due to situation i was at so and we are filling for div should be over soon and my wife she is appolizing to me now on the phone she is so sorry about my case and she said she is kind feel bad but she doesnt knew what to do any way im gonna file by my self . my question durring my filling can also fille for work permit cause my gc expire already l;ike i motion befor ? aANY ADIVE WOULD BE APPRECIATED

THX YOU SO MUCH

[belgacem 0]

thx u begecem for yours replay im really worry about situation now my attorney she said you should be fine as llon as we have document showing that the marieage was in bona fide we have nothing to worry about just now my gc expried already 18 months ago due to situation i was at so and we are filling for div should be over soon and my wife she is appolizing to me now on the phone she is so sorry about my case and she said she is kind feel bad but she doesnt knew what to do any way im gonna file by my self . my question durring my filling can also fille for work permit cause my gc expire already l;ike i motion befor ? aANY ADIVE WOULD BE APPRECIATED

THX YOU SO MUCH

No you dont have to file for work permit, as soon as you file your petition and they receive it they will mail you your NOA stating your stay was extended 1 year, just to avoid any problem at work, when they set your biometrics appointment, stop at costumer services and show them your NOA, and they will stamp I-554 in your passport extending your stay for 1 year, in that stamp it says you can work and travel in the USA. that will be your work permit OK salam

[MAMAGEE 0]

I am not sure if people are giving u the right replies, you said your conditional green card expired 18 months ago???? you are complertely out of sstatus , ,you should have lifted your conditions 3 months before it expired, which means you are technically out of status, I hope i am wrong,but judging from what I read in your file, you are out of status and filing is a big question you should consider

[himher 634]

If your conditional green card has been expired for 18 months you are basically f-cked. I do not know of anything you can file as you are, at this time, out of status. I cannot imagine how you are going to convince USCIS that 18 months of being out of status is a reasonable delay outside of your control.

From the I-485 instructions:

Effect of not filing. If this petition is not filed, you will automatically lose your permanent resident status as of the second anniversary of the date on which you were granted conditional status.

You will then become removable from the United States. If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be excused if you demonstrate when you submit the application that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable.

[cherr1980 1]

I practically was thinking about the same thing...his GC expired WAYYY over the limit. You never lifted the conditions on time and you actually did not even lifted a month or even the same year the card expired...I mean you are the GC holder and is your responsability (regardless that you are married) to follow those kind of things.

But anyway, your lawyer if you have one...needs to know where you at right now. HAve you received a notification or RFE or something that indicates that you are out of status? Probably you won't even received one anyway...you need to get a lawyer and verify in what situation you are right now. I think that anyway you should send a I-751...not sure if that would help at this stage, unless you demostrate that until NOW your divorce was final.

[Lappa 0]

My personal opinion is that just fill up the form I-751 with all required evidence to prove the marriage was in good faith relationship. Attach a letter from your wife that she was out of the country and you are filing for divorce soon. Once you got your divorce degree send them with the copy of your I-751 application that you already sent.

hi every one im new here one of my friend told me about the site so im in some topic as so many peaple allow me to say some thing about my case . im married to us citizen for about 4 years now and my gc expired about 1.5 years cause she was out of the country and when she came back we couldnt get alone together didnt knew what happend with her so now we filling for diviorce and i dont knew from where i start

please any ideas that would be verry apprecaited thx you

[kerrey1979 0]

thx you for yours replies answering so many question so i know im out of status my attorney she said we can file as soon as div done so my reason why i didnt file in tine that my wife out country for her sister was deaying back home so she has to go and take care of her ............................................

make the story shorter she come back with so many emotional thing and we coudnt get alone and my income drop and i coundnt get job cause gc expired and ...................................................

i just hope that thing will be ok with me when i file

thx you guys for all help i really do appreacited