Divorced!!! Need to remove conditions worried!!

[ken86 0]

My wife applied for divorce! She is in Michigan living with her boyfriend!! And I'm in different state. I am worried how to remove my conditions on my conditional GC!! Since I came to US we nvr lived together..she's been living with her bf!! We got married in late2007..she came to india to visit me and my family and she applied my case from india...well I'm just worried how to lift conditions...no proofs...but do have proofs when we lived together in 2007... And toms of pics of together... Please help me!!

Thanks

[Chica Yeyé 41]

You don't have evidence to prove a bonafide marriage since you did not live together all this time. Apparently you are out of luck. Consult an attorney, but I think it unlikely you have a case.

[TracyTN 237]

Agreed. You can remove conditions when divorced, but if you have no proof of having had a valid marriage relationship from the outset, you'll be hard pressed to be approved.

Find yourself an immigration attorney who specializes in family based cases.

[Chica Yeyé 41]

My Timeline

14/07/2007----Met at Cousins Party (Notre dame, Indiana)

15/07/2007----Started talking (Exchange phone numbers)

31/08/2007----went back to India (For Family Issues)

2/10/2007---- Came Back to USA (Started living together)

12/12/2007----MARRIED in INDIANA,USA

07/03/2008----Gone to India (family Issues) Coudnt go back to USA Visa got finished!!!

23/08/2008---- My wife came to india (stayed 3 months)

24/11/2008----Applied DCF in New Delhi Embassy----GOT APPROVED same DAY got Packet 3.5 by hand

03/12/2008----Wife went back to USA

17/12/2008----Submit all documents @ VFS jullundher Packet 3.5

28/01/2009----Got interview date Packet 4: Feb 6th

29/01/2009----Went for medical

02/02/2009----GOT medical Report!! (all Fine)

06/02/2009---- INTERVIEW!!!! RECIVED 221g REQUSTING TO SUBMIT MORE DOCUMENTS with PASSPORT

28/02/2009---- Submitted 221g Documents with passport

18/03/2009---- Got passport without visa stamped on it

19/03/2009---- Called DOS and they said embassy is asking for my daughter's Birth cetificate and Passport

01/04/2009---- 1 month of AP!! - NO NEWS--- from embassy---called DOS No news---_STILL WAITING FOR ANOTHER 221g FROM EMBASSY!!!!!!

STILL UNDER AP!!!!! very Frustated

07/04/2009---- Case tranfered to FPU(fraud prevention unit)

15/06/2009---- Embassy asked me to submit my passport-----confused??

22/06/2009---- Got Visa in Hand

10/07/2009---- POE Denver!

From your timeline it seems you just came in 2 months ago.

Your case had 2 RFEs for proof of relationship; hence USCIS doubted your marriage from the get go.

You will have to remove conditions in 2 years.

You do not live with your wife --- hence, you do not have a bonafide marriage right now.

I fail to see how you will be able to remove conditions.

Get an attorney; but do know, your chances are pretty slim.

[Krikit 1,165]

Off topic comments are out of line in the immigration forums so have been removed. Please refrain from this activity. Thank you.

Moving thread from Removing Conditions forum to Effects of Major Changes.

[rika60607 215]

You had lived with your wife for 7 months in the US after getting married.

You have lived together with your wife for 3 months in India after that.

Since it appears you did not live together after you came back on CR-1 visa, you could try to use the above two periods of married life to prove bona fide intentions of your marriage. Think of the evidence you have - joint finances, US taxes filed together, children, property in both names? Phone records showing communication while you were stuck in India?

I would suggest you file I-751 with a waiver when you are divorced or during the 90 day window. If you get denied - get a lawyer to go to Immigration court with you. It is not unreasonable to think that you could get approved... although I am sure there will be questions asked of you.

For example, when did your wife get a boyfriend and why did you come back to the US if your wife was no longer interested in having a family with you.

[rika60607 215]

While it is true, that him coming to the US and wanting to stay although his wife is not interested in the relationship with him does not look good... I must correct this info:

He will have to remove conditions whenever he is divorced, not in 2 years

Anyone filing I-751 with a waiver does not have a bona fide marriage right now or at the time of filing (not a reason for denial, apparently)

Without attorney, his chances may be slim. With a good attorney - could be excellent. If all he has to prove is good intention at the time of marriage... he may be able to do this. Especially since the fraud prevention unit did not find a reason to deny him CR-1.

He left the US and went to India several times, which shows that he was not hung up on staying in the US at any cost.

From your timeline it seems you just came in 2 months ago.

Your case had 2 RFEs for proof of relationship; hence USCIS doubted your marriage from the get go.

You will have to remove conditions in 2 years.

You do not live with your wife --- hence, you do not have a bonafide marriage right now.

I fail to see how you will be able to remove conditions.

Get an attorney; but do know, your chances are pretty slim.

[Chica Yeyé 41]

I concur rika. Once divorced, he can file whenever he chooses. Still, with a case like his, approval is highly unlikely and I -as you- recommend a highly qualified immigration attorney.

[Anh map 2,098]

While it is true, that him coming to the US and wanting to stay although his wife is not interested in the relationship with him does not look good... I must correct this info:

He will have to remove conditions whenever he is divorced, not in 2 years

Anyone filing I-751 with a waiver does not have a bona fide marriage right now or at the time of filing (not a reason for denial, apparently)

Without attorney, his chances may be slim. With a good attorney - could be excellent. If all he has to prove is good intention at the time of marriage... he may be able to do this. Especially since the fraud prevention unit did not find a reason to deny him CR-1.

He left the US and went to India several times, which shows that he was not hung up on staying in the US at any cost.

From your timeline it seems you just came in 2 months ago.

Your case had 2 RFEs for proof of relationship; hence USCIS doubted your marriage from the get go.

You will have to remove conditions in 2 years.

You do not live with your wife --- hence, you do not have a bonafide marriage right now.

I fail to see how you will be able to remove conditions.

Get an attorney; but do know, your chances are pretty slim.

Not being argumentative, but look at the OP's siggy and it says that he couldn't get back in because whatever visa he entered on had expired.

OP needs to sit down with a qualified immigration attorney and lay out all the facts of the situation so that he can get proper guidance. Airing the dirty laundry here on VJ isn't going to get the situation specific advice needed.

[Chica Yeyé 41]

Not being argumentative, but look at the OP's siggy and it says that he couldn't get back in because whatever visa he entered on had expired.

OP needs to sit down with a qualified immigration attorney and lay out all the facts of the situation so that he can get proper guidance. Airing the dirty laundry here on VJ isn't going to get the situation specific advice needed.

Brother, you are always wise.

p.s. where's my MAC discount, damnit!!!

[rika60607 215]

He left the US once before marriage and once after.

He (in all likelyhood) knew that he will not be able to just come back second time around... he did it anyway. This is not what you'd expect from someone who's only agenda was to be in the US. It proves nothing (there is no ultimate proof as far as intentions go... ), but it does look good.

I agree though that lawyer should be used if it comes to Immigration court and may be even before filing I-751, depending on the evidence he has. I mean, if they have kids together, house together (both in India and US) and been talking all this time and sending money to each other... he still has a case

[Darnell 8,479]

your POE date was 10/07/09 ?

you have greencard in hand, yet ? If not, there is SLIM chance that your 'first greencard' MIGHT be an IR-1 , good for ten years, if it is printed after the 12th of this month.

Where's your greencard?

[sachinky 465]

He entered on July 10th, not 7th October. So it'll be a CR-1.

[Gracie79 1]

If your wife is such an abusive person, she will be in trouble also.

[3600rs 24]

My wife applied for divorce! She is in Michigan living with her boyfriend!! And I'm in different state. I am worried how to remove my conditions on my conditional GC!! Since I came to US we nvr lived together..she's been living with her bf!! We got married in late2007..she came to india to visit me and my family and she applied my case from india...well I'm just worried how to lift conditions...no proofs...but do have proofs when we lived together in 2007... And toms of pics of together... Please help me!!

Thanks

Collect all the pre and post marriage proof. From pictures to all the bits and pieces. Your case is far from normal, so its natural to be worried. The most proactive step you can take is file a waiver. Do this with help of a lawyer since you has been referred to the Fraud Unit, and you'll did not live together as a couple in the US.