Divorce and removal of conditions - confused

[lemonadestar 0]

Hi everyone, I'm new here but have been reading the forum for a bit and it's been helpful.

Unfortunately my marriage is collapsing and we are looking at divorce at this point I have my conditional GC and will need to remove the conditions around April-May 2010. We've been married almost 2 years at this point.

Everything I've read here says that to file by yourself if you're divorced, you just need to prove that the marriage was entered into in good faith, which I shouldn't have a problem doing. However we consulted with one lawyer recently who said that they only approve such cases if the foreign spouse had a very very serious reason to leave the marriage, such as abuse, or their spouse's inability to have children, or something like that. She said that even your spouse cheating on you (which was the final straw in my case) is not a good enough reason. Is this true? Other lawyers have said that proving good faith is enough so I don't know who to believe!

I'm very stressed out by this whole situation... If there are people on this forum who can share their own stories of getting divorced before conditions are removed, and how it worked out for them (ie did they have problems removing conditions) I'd really like to know. This whole thing is so confusing.

Thank you!

[payxibka 10,047]

While self petitioning is not necessarily easy, I am not aware of such a requirement that the reasons for the divorce must be the result of some significant serious situation. Good faith is good faith.

Moving to removal of consitions forum... which is dedicated to this process

[NArocks 13]

Hi everyone, I'm new here but have been reading the forum for a bit and it's been helpful.

Unfortunately my marriage is collapsing and we are looking at divorce at this point I have my conditional GC and will need to remove the conditions around April-May 2010. We've been married almost 2 years at this point.

Everything I've read here says that to file by yourself if you're divorced, you just need to prove that the marriage was entered into in good faith, which I shouldn't have a problem doing. However we consulted with one lawyer recently who said that they only approve such cases if the foreign spouse had a very very serious reason to leave the marriage, such as abuse, or their spouse's inability to have children, or something like that. She said that even your spouse cheating on you (which was the final straw in my case) is not a good enough reason. Is this true? Other lawyers have said that proving good faith is enough so I don't know who to believe!

I'm very stressed out by this whole situation... If there are people on this forum who can share their own stories of getting divorced before conditions are removed, and how it worked out for them (ie did they have problems removing conditions) I'd really like to know. This whole thing is so confusing.

Thank you!

Get a different lawyer, as long as you can prove the relationship was entered into with good intentions ( good faith ) there is only a slim chance of denial. However the divorce needs to be final if you are self petitioning. Once the divorce is final no need to wait until 90 days before the expiration date you can file once you have the divorce decree. Make sure you have lots of back up such as joint things. Good Luck, sorry it did not work out, sometimes it just does not happen......

Edited July 31, 2009 by NArocks