Removal of condition on permanent residency

[irakro97 0]

Hi to All,

can anyone help ?

I am not sure if my situation seems similar to some of the comments here with complicated issues but lets briefly explain

I arrived in the US on K-1 visa then obtained my Green card and SSN.

i believe I am on conditional permanent residency here, my first question is do i have to wait until the last 3 months of my green card expiration date to apply for the condition to be removed ?

Also the situation gets weird as my field of work is semiconductor and i can't find a job in that field in the state where you are now and my wife does not want to talk about my work suggesting that I give up on my career and work for Starbucks (coffee shop)- she argues with me all the time...

I feel trapped - being forced to give up a career I love - thinking about the downside of such decision, hunt me at night

being trapped into this conditional green card is sad ... well too much

Anyone has an idea on what i can do legally ? i cant afford a lawyer as I am not working and she does not give me any money...

Thanks

[TracyTN 237]

First, read the handy guide about removing conditions. The earliest you can send it in is 90 days prior to the expiry date of your 2 year GC.

http://www.visajourney.com/content/751guide

I'm not sure I'm following the second part of your post. What do you mean you're 'trapped into this conditional green card'? And what legal advice do you want - to help you file for divorce? Legal aid society may be able to help you - google it in your area.

[nane1104 146]

Yes, you can file for removal of conditions during the 90 days prior to the expiration date on your greencard. NOT earlier!

As far as your job situation goes: I am sorry that you can't find work. I am sure you are aware of the fact that many, many people have to give up on finding a job in their desired careerfield, at least for now.

Hopefully better times are ahead for you and I tell you what- for many, a job at Starbucks is a whole lot better than having no job at all.

Removal of conditions is not such a terrible thing, as you will recieve a 1 year extension letter that will allow you to stay and work in the US until a decision is made and you -hopefully- recieve your permanent (10 year) resident card.

I too am a little confused about your last statements about you feeling trapped and it being "sad". You won't need a lawyer for ROC unless there are circumstances you haven't mentioned in your post.

For everything else (divorce?) I suggest going to maybe the courthouse and ask what is required in your state to file for divorce and if you and your wife agree on the terms, you can just file the paperwork yourself.

But yeah, I am a little unsure what you'd want a lawyer for...

[irakro97 0]

Yes, you can file for removal of conditions during the 90 days prior to the expiration date on your greencard. NOT earlier!

As far as your job situation goes: I am sorry that you can't find work. I am sure you are aware of the fact that many, many people have to give up on finding a job in their desired careerfield, at least for now.

Hopefully better times are ahead for you and I tell you what- for many, a job at Starbucks is a whole lot better than having no job at all.

Removal of conditions is not such a terrible thing, as you will recieve a 1 year extension letter that will allow you to stay and work in the US until a decision is made and you -hopefully- recieve your permanent (10 year) resident card.

I too am a little confused about your last statements about you feeling trapped and it being "sad". You won't need a lawyer for ROC unless there are circumstances you haven't mentioned in your post.

For everything else (divorce?) I suggest going to maybe the courthouse and ask what is required in your state to file for divorce and if you and your wife agree on the terms, you can just file the paperwork yourself.

But yeah, I am a little unsure what you'd want a lawyer for...

Thanks Guys

It is not that I can't find a job in my field of work as I am being called a the time for interviews but my wife is the problem. she is threatening that if I take a job in a different state she will divorce and eventually do everything not to collaborate when the time comes to remove the condition on my residency

i feel trapped because me moving in the US it never crossed my mind that I will be giving on my career.

my worries are the consequences down the line of this decision

Thanks

First, read the handy guide about removing conditions. The earliest you can send it in is 90 days prior to the expiry date of your 2 year GC.

http://www.visajourney.com/content/751guide

I'm not sure I'm following the second part of your post. What do you mean you're 'trapped into this conditional green card'? And what legal advice do you want - to help you file for divorce? Legal aid society may be able to help you - google it in your area.

Thanks

It is not that I can't find a job in my field of work as I am being called a the time for interviews but my wife is the problem. she is threatening that if I take a job in a different state she will divorce and eventually do everything not to collaborate when the time comes to remove the condition on my residency

i feel trapped because me moving in the US it never crossed my mind that I will be giving on my career.

my worries are the consequences down the line of this decision

Thanks

[nane1104 146]

To be honest, I am not sure how I would react if my husband told me he'd move to a different place and leave me behind. I guess I wouldn't threaten divorce right off the bat, but I sure wouldn't be happy about it either.

I guess you'll have to decide between your marriage and your job. And again...don't you think it's possible you will get a joboffer in YOUR State at some point and working something else would only be temporary?

It seems like your actual problem has not much to do with romoval of conditions but rather if you and your wife can find a compromise with your jobsituation and I am not sure if you want peoples opinion on that.

IF you decide to split from your wife though, you'd have the chance to file for ROC with a waiver after divorce. So, you still have options.

All the best!

[irakro97 0]

To be honest, I am not sure how I would react if my husband told me he'd move to a different place and leave me behind. I guess I wouldn't threaten divorce right off the bat, but I sure wouldn't be happy about it either.

I guess you'll have to decide between your marriage and your job. And again...don't you think it's possible you will get a joboffer in YOUR State at some point and working something else would only be temporary?

It seems like your actual problem has not much to do with romoval of conditions but rather if you and your wife can find a compromise with your jobsituation and I am not sure if you want peoples opinion on that.

IF you decide to split from your wife though, you'd have the chance to file for ROC with a waiver after divorce. So, you still have options.

All the best!

I understand your point of view before i moved to the US i did mention to my wife that it will be pretty much impossible for me to find a job in my field in the state where she is , her answer was that we could always find a solution ... hence the huge change in her attitude since I have moved here has been shocking I could barely recognize her , she has become controlling , wanting to decide for my life not open to any sort of discussion, she does not treat me as equal in the marriage - as she og=ften mentions that the law here will always be in a favor

I guess thinking about all that down the line giving up on my career appear to me as a mistake that i could regret (no saving, no asset...) - no insurance that , I am not the one wanting to divorce - am just trying to preserve a little bit of safe option

I read about the ROC after divorce but how reliable is that ?

I guess at this stage I would accept any advise on my situation

By the way I have offered that we move together where we can both be working and happy, she is refusing

Thanks

Edited April 8, 2010 by irakro97

[nane1104 146]

Ok, got it. WOW, you are kinda stuck between a rock and a hard place, huh? I am really sorry and I don't really have any advice for you other that I believe that you have to do that makes you happy.

Of course, in a marriage you have to compromise on certain things but if it's only one person that has to bend himself all the time, it's not healthy.

As far as the ROC goes, I am no expert but from what I understand, it basically works like a jointly filed application. It's basically all about proofing that you entered the marriage in good faith.

I think over all, there are good chances to remove conditions successfully with the waiver if you have all your paperwork together, have a divorce decree in hand (and submitted, though I heard of cases where you file without, get a RFE and then submit it later).

I hope there are some people with more knowledge about this to correct/add to my ramblings..lol

Best wishes!

[Brother Hesekiel 2,236]

Prima facie you don't have an immigration-related problem. What you have is a marriage-related problem.

It's fair to say that most people know each other very well before getting married. The next step beyond knowing your spouse is the ability to communicate with her.

People approach things differently, and there's no right or wrong, no good or bad. Approaching things from a personal perspective is just that: a personal thing.

For example, I live where I live because I want to live where I live. If you offered me a job that pays $1 Million per year but I had to move to North Dakota or Wyoming for it, I wouldn't take it. So WHERE I am, is more important than anything else.

Thus, if my wife told me she got a job offer somewhere where I absolutely wouldn't want to live, we would have a problem, a personal problem, a relationship problem.

Luckily, we spoke about these things before getting married, so this is a non-issue for us as a married couple.

But there are other couples who follow the call of a job (best examples: military personal) without hesitation. For those couples it doesn't mean much where they live, as long as they are together and make a good living. That's fine approach as well.

Your problem derives from the problem that you are from group 2, whereas your wife is from group 1. Somehow, this serious issue got lost in translation. Now either one of you will "give in" which implies doing something they really don't want to do, or you will split eventually.

Again, the key and first and foremost approach is communication. Talk to your wife. Talk about your vision in great detail, and let her tell you what she hopes to get out of life.

Now let's view this from an immigrant's perspective. Ideally you and your wife file jointly for ROC. You can do this not earlier than 90 days from the day your GC expires. You both have to sign the I-751 and it's necessary that you still live together in a way that "normal" people would associate with a married couple.

If you separate, you can still file the ROC alone, but in order to get it approved, you need to be divorced, like totally. In such a case timing is of the essence, meaning you file as late as possible in order to buy time. You send everything, and if your divorce is not final, you'll receive a RFE for the missing divorce decree.

But you are not there yet. So before we go into the details and strategic steps of filing for ROC with a waiver, talk to your wife and find out if you will be able to work through this. If not, and that's the only strategic tip I will throw in at this time, try to play along until you have your 10-year GC.

[nane1104 146]

But there are other couples who follow the call of a job (best examples: military personal) without hesitation. For those couples it doesn't mean much where they live, as long as they are together and make a good living. That's fine approach as well.

Sorry this is so off topic, but this statement just made me laugh! Yeah, we go "where the military sends us" but often enough with lots of hesitation, debates and fits. But we go anyway. LOL

The important point though: We go together and we make a home anywhere. Yepp, as long as we are together.

Still made me laugh! (I guess if your options are either Louisana or North Dakota, I am allowed some sarcasm?

Sorry again to go off topic.

[irakro97 0]

Sorry this is so off topic, but this statement just made me laugh! Yeah, we go "where the military sends us" but often enough with lots of hesitation, debates and fits. But we go anyway. LOL

The important point though: We go together and we make a home anywhere. Yepp, as long as we are together.

Still made me laugh! (I guess if your options are either Louisana or North Dakota, I am allowed some sarcasm?

Sorry again to go off topic.

Thanks Guys!

These are extremely constructive inputs, really appreciate your time taken to reply

In case my wife decide to go for the divorce, does anyone know what kind of documents and proof (evidence to prove that i entered the marriage in good faith) I need to make my ROC application successful ?

JustBob you said in your comment : "In such a case timing is of the essence, meaning you file as late as possible in order to buy time" what do you mean by that ? what's RFE ?

thanks

[irakro97 0]

Thanks Guys!

These are extremely constructive inputs, really appreciate your time taken to reply

In case my wife decide to go for the divorce, does anyone know what kind of documents and proof, I need to apply ROC application ?

JustBob you said in your comment : "In such a case timing is of the essence, meaning you file as late as possible in order to buy time" what do you mean by that ? what's RFE ?

thanks

thanks