remove of conditions

[matoub 0]

hey there

I have some serious questions to ask about removing conditions .Im married to US citizen for 2years now and i had my conditional green card in 01-31-09 . witch is over year ago now . but unfortunately our marriage went to hell , and now we are thinking to divorce , anyway my question is can i file to remove the condition by myself ? if so what i need to do ?

[v333k 59]

hey there

I have some serious questions to ask about removing conditions .Im married to US citizen for 2years now and i had my conditional green card in 01-31-09 . witch is over year ago now . but unfortunately our marriage went to hell , and now we are thinking to divorce , anyway my question is can i file to remove the condition by myself ? if so what i need to do ?

Sorry to hear about your marriage.

To answer your question, yes you can file by yourself. If you are getting divorced, then once your divorce is final, you can file for ROC and I believe you don't need to wait until the last 90 days of your 2 year anniversary. (can someone verify this please). You will file under applying for removal of conditions with a waiver (same form I-751).

Make sure you collect enough evidence to show that you have entered your marriage in good faith - this will be a key detail for your to get approved for ROC.

good luck

[Bobby+Umit 161]

That is correct - you just need to divorce first, get it final, then file the ROC with the waiver request.

You will not need to wait for the 90 days prior to file, as soon as the divorce is final, you can file that day.

[matoub 0]

That is correct - you just need to divorce first, get it final, then file the ROC with the waiver request.

You will not need to wait for the 90 days prior to file, as soon as the divorce is final, you can file that day.

thank you very much for your help . can you tell me if it doesn't matters who is filing for divorce since we live in Indiana witch is no fault divorce . or she needs to file since she is a petitioner ?

[Dakine 26]

thank you very much for your help . can you tell me if it doesn't matters who is filing for divorce since we live in Indiana witch is no fault divorce . or she needs to file since she is a petitioner ?

What country you from and what kind of visa did you come on?

[matoub 0]

What country you from and what kind of visa did you come on?

Im from Algeria and i had K1 visa , entered to the US December,2007 . and im living with my wife since that .

[Dakine 26]

Im from Algeria and i had K1 visa , entered to the US December,2007 . and im living with my wife since that .

Shouldn't matter who files then. If you were from PI it would have been different.

[matoub 0]

Shouldn't matter who files then. If you were from PI it would have been different.

is it true if you are married to US citizen for 2 years , they will issue a green card for you ? i mean is there is law for that ? because iam married for 2years to us citizen and im getting a divorce now . im just wondering if this 2 years will help to remove my conditions by myself and i do have proof for bona faith as well .

sorry to ask alot about this ####### , Im just to worried for this .

[john_and_marlene 162]

is it true if you are married to US citizen for 2 years , they will issue a green card for you ?

No, that is not true.

[Otto 83]

Do you have a PR/Green Card now?

[matoub 0]

Do you have a PR/Green Card now?

i do have a conditional green card right now ,

[Lona.C. 16]

to my understanding anyone correct me if I am wrong

as soon as you get your divorce finalized you can file ROC even before the 90 day timelimite date

you will need the Divorce cert and proof of bonafive marriage ,

you will have to file with a waver

reguardless if you have been married for 2 years they will not send you a GC automaticly

you have to file just like everyone else ,

to get the conditions on your GC removed and recieve the 10 year card ,

Edited February 15, 2010 by Lona.C.

[matoub 0]

to my understanding anyone correct me if I am wrong

as soon as you get your divorce finalized you can file ROC even before the 90 day timelimite date

you will need the Divorce cert and proof of bonafive marriage ,

you will have to file with a waver

reguardless if you have been married for 2 years they will not send you a GC automaticly

you have to file just like everyone else ,

to get the conditions on your GC removed and recieve the 10 year card ,

the only thing made me think about 2 years of marriage to US citizen because i read somewhere in VJ the immigration people give you a 10 GC if you are married over 2 years but im not sure about it either .

[Lona.C. 16]

to my understanding thats only if you aply for a spousal visa CR1 ( not K visas )

once the spousal visa is aproved aboard the spouse gets a 10 year visa few weeks after arriving in the states

(or maybe even as the spouse arrives am not sure on the timeframe on that visa )

Edited February 15, 2010 by Lona.C.

[Otto 83]

the only thing made me think about 2 years of marriage to US citizen because i read somewhere in VJ the immigration people give you a 10 GC if you are married over 2 years but im not sure about it either .

If you got your current PR/Green Card because of marriage to a US citizen (and were married less than 2 years at that time) you were probably issued a card with an expiration date 2 years later (am I correct?) also called a 'conditional' PR/Green Card. If so, you would need to lift/remove those conditions before that card expires.

If you were still married - you would petition USCIS to lift that condition (the condition is you are still married after 2 years) by sending them evidence that says "Hey, we're still married" and if all goes as it should, you would get a new, now 10-year card.

You would not be filing jointly (since you're not married any more) but that doesn't necessarily mean you can not still get the condition removed (and a new 10-year PR/Green Card issued) - you'll just have to work around that, and there are no real guarantees.

It may be helpful to you - to seek the help of a qualified family-based immigration attorney - they could help you get through the process rather than you trying to do it yourself.