Removing of Conditions

[Machita 1]

Hello Everyone,

Here is my situation and I would really appreciate it if I can get some advice from you guys. My friend referred my to this forum and I hope I find it helpful.

Background:

I am Palestinian (Palestine is not listed in this forum neither at the USCIS website/system). I came here in 2005 for two months then I went back home. In 2006 I came back to the US on F1 and finished my Masters in 2008.

Right after I finished my MA I received an OPT. In the day OPT started, I got married to a US citizen. We got married on August 30th 2008. So we have been married for a little over a year. Since I had my OPT I didn’t file right after I got married. I filed for green card on January 15th 2009. Then went to an interview which took only about 10 minutes and my card was approved. I received the actual card in June 2009.

For the past couple months, our marriage has been going down hill. We have been trying counseling since then it seems it is not working for us. Now we feel we are different and actually stupid. It is so difficult and I don’t think it will work out.

I moved out last week and I was about to file for divorce. My wife asked me to wait. So I waited but I don’t know why, I think I should have filed for divorce. But I know we will have eventually file for divorce.

We have entered marriage for love. Although my dad was a little against it, I decided to get married. She is 30 years old and I am 26.

I know I have to file to remove the conditions on my own if I want to stay- Of course I want to stay in the US.

Here is an example of what I have:

1. Heath Insurance

2. Accidental insurance

3. 401K

4. Two cars insurance

5. Two ownership of cars

6. Joint back account, checking and saving

7. Joint credit card

8. Tax return I filed separately but married.

9. Letters of love to each other

10. Letters from family and friends for birthdays, Christmas, etc///

11. Emails: over 1100 pages between me and her since we got married

12. Records of calls

13. My paychecks and hers

14. Dental insurance

15. Pictures of us and family in holidays and activities: over 3000 (crazy ha? My wife never let go with the camera)

16. Trip planning to Palestine for both of for her to meet my family in August 2009( with pictures and videos with my family)

17. Marriage video

18. Videos of us: more than 12 GB

19. Letters from friends testifying of our marriage

20. Mail that shows our addresses

21. To leases agreements with both of our names on it

22. Comcast bills with both of names on it

23. Netflex with both of name son it

24. Questar gas with both of name son it.

I can’t think of anything else, but I think I have more stuff (please suggest).

My questions are:

• Is this enough evidence to remove the conditions on my own?

• Does it matter to the USCIS that my wife is older than me? (It did matter to my dad)

• Have you know of any I-751 waiver that got denied? Or ended in deportation?

• Should or should my wife file for divorce?

• How long does it take to get approved? Will I be asked for an interview?

• Do I have any other alternatives if my case was denied? What is the worst case scenario?

• If there are people with waivers that got approved, please share your experiences.

I am sorry for the long post. I know that my marriage was real and God/Allah knows that too.

Your answers are greatly appreciated.

[Chica Yeyé 41]

My questions are:

• Is this enough evidence to remove the conditions on my own?

• Does it matter to the USCIS that my wife is older than me? (It did matter to my dad)

• Have you know of any I-751 waiver that got denied? Or ended in deportation?

• Should or should my wife file for divorce?

• How long does it take to get approved? Will I be asked for an interview?

• Do I have any other alternatives if my case was denied? What is the worst case scenario?

• If there are people with waivers that got approved, please share your experiences.

I am sorry for the long post. I know that my marriage was real and God/Allah knows that too.

Your answers are greatly appreciated.

You have enough evidence - do not send in either videos of bulky stuff; only documents.

USCIS does not give a rat's azz about a 4 year difference.

either of you can file for divorce: and you cannot file to remove conditions until you have the divorce decree.

you might be asked for an interview, no way to tell.

[loveamerica 0]

My questions are:

• Is this enough evidence to remove the conditions on my own?

• Does it matter to the USCIS that my wife is older than me? (It did matter to my dad)

• Have you know of any I-751 waiver that got denied? Or ended in deportation?

• Should or should my wife file for divorce?

• How long does it take to get approved? Will I be asked for an interview?

• Do I have any other alternatives if my case was denied? What is the worst case scenario?

• If there are people with waivers that got approved, please share your experiences.

I am sorry for the long post. I know that my marriage was real and God/Allah knows that too.

Your answers are greatly appreciated.

You have enough evidence - do not send in either videos of bulky stuff; only documents.

USCIS does not give a rat's azz about a 4 year difference.

either of you can file for divorce: and you cannot file to remove conditions until you have the divorce decree.

you might be asked for an interview, no way to tell.

I agree with Len

Edited October 19, 2009 by iwantgoamerica

[Machita 1]

Thank you guys! Anymore thoughts?

[Brother Hesekiel 2,236]

It all has been said very nicely.

Wait until your divorce is final, then file the I-751 singularly.

Aside from the evidence everybody has to submit, you need to show that the marriage was entered in good faith. You seem to have a strong case; nonetheless it's very likely that you will have an interview. The 4-year age difference is a non-issue.

It's no fun what you are going through, but I don't think you have to worry sh*tless about your permanent resident status, unless the IO in charge is one of the chosen people. I'm sure it'll take another half-year until your divorce is final, and if you can submit an affidavit of your wife, that might be helpful.

[Machita 1]

Is it true that I am going to have a very difficult case because the divorce process started 5 months after obtaining a conditional green card?

[Brother Hesekiel 2,236]

Dealing with USCIS is not fun for anybody and the I-751 is no exception. While you won't have it as easy as a couple filing jointly, you have sufficient documents proving that you entered the marriage in good faith. At this point I don't see any reason for you to be afraid that they will deny your application. Put some effort into preparing it, ask questions if you are not 100% sure, and I think you'll be fine.

[Machita 1]

Does anyone know of a good immigration lawyer to remove the conditions in Utah? Do I need a lawyer? I just wonder how difficult it would be remove the conditions on my own. Thank you.

[Machita 1]

I talked to a lawyer and he said that I will most likely end up in front of an immigration judge to determine whether I get to stay or leave. This seems foolish to me. I have strong evidence and I got married in good faith. We lived together as a husband and wife. We still care about each other.

[Brother Hesekiel 2,236]

I think what your lawyer stated is highly unlikely to happen. Actually, I'm willing to be money on it. How's $20 for starters?