Need help with Separation and removal of conditions

[sweety&baby 0]

My wife and I are separated for about 10 months now, and not divorced. I entered US with a K1 visa, then we got married. I got my green card in 02/23/2009. So in a about a month I will need to apply for removal and I have some questions that I need help with.

1 - Do I have to apply separate or file together?

2 - What's difference between them?

3 - If we apply together, how can I mention that we are separated for 10 months?

4 - If I apply separate, which option to select on the form I-751, since we are just separated, and not divorced. The only option that is close to my case is the second one. "I entered into the marriage in good faith, but the marriage was terminated through divorce or annulment."

Thanks for your help !!!

[Brother Hesekiel 2,236]

You are only allowed to file together if you are happily married, living together. Hence, you need to file with a waiver. You will have to show that you ENTERED the marriage in good faith and that you DID share house, bed, and finances together before you separated.

You can send your I-751 not earlier than 90 days before your Green Card expires. Since you need to be DIVORCED before the I-751 can be adjudicated, you'll have to get that show on the road. USCIS does not recognize separated as a state of a relationship. Married and living together, or divorced and living apart.

[sweety&baby 0]

You are only allowed to file together if you are happily married, living together. Hence, you need to file with a waiver. You will have to show that you ENTERED the marriage in good faith and that you DID share house, bed, and finances together before you separated.

You can send your I-751 not earlier than 90 days before your Green Card expires. Since you need to be DIVORCED before the I-751 can be adjudicated, you'll have to get that show on the road. USCIS does not recognize separated as a state of a relationship. Married and living together, or divorced and living apart.

Thanks for your reply. Yes we got married in good faith, and we shared everything together, since I moved to US in June 11,2008 till Jan 2nd, 2010. And I have enough evidence to prove that. The only thing that I still need to know is how to apply. Would you please, explain more what you mean with "I need file with a waiver" How?

Thanks again.

[VanessaTony 3,567]

Thanks for your reply. Yes we got married in good faith, and we shared everything together, since I moved to US in June 11,2008 till Jan 2nd, 2010. And I have enough evidence to prove that. The only thing that I still need to know is how to apply. Would you please, explain more what you mean with "I need file with a waiver" How?

Thanks again.

First you need to start your divorce process. You have 90 days to file for ROC before the 2 year expiry date and you MUST file by then. You will file as divorced although the divorce isn't final and you'll get the RFE for the divorce certificate. You will have a certain amount of time (don't know how long) to submit the divorce decree so it's something you REALLY need to get started.

As for how to file for the waiver, I don't know. Try reading the guides and the forms, usually the answer is there.

[dolphin1 5]

File for divorce as soon as possible.Allah y3awn

[DavidandJenny 1]

You are only allowed to file together if you are happily married, living together. Hence, you need to file with a waiver. You will have to show that you ENTERED the marriage in good faith and that you DID share house, bed, and finances together before you separated.

You can send your I-751 not earlier than 90 days before your Green Card expires. Since you need to be DIVORCED before the I-751 can be adjudicated, you'll have to get that show on the road. USCIS does not recognize separated as a state of a relationship. Married and living together, or divorced and living apart.

Right On The Money .....Correct....I agree! Good Luck to You!

[sweety&baby 0]

Thanks again.

My wife filed for divorce today, Oct 20th 2010, and she gave me the paper, we'll be divorced in 90 days. So will I be able to apply alone as divorced before my card expires within 3 months (which is next month.)? or do I have to wait until the 90 days is over and that the divorce is final? If I do wait 90 days, I'll have only about a month before my card expires.

Thanks for your help and support. Thanks everybody.

First you need to start your divorce process. You have 90 days to file for ROC before the 2 year expiry date and you MUST file by then. You will file as divorced although the divorce isn't final and you'll get the RFE for the divorce certificate. You will have a certain amount of time (don't know how long) to submit the divorce decree so it's something you REALLY need to get started.

As for how to file for the waiver, I don't know. Try reading the guides and the forms, usually the answer is there.

Amine. Thanks a lot.

File for divorce as soon as possible.Allah y3awn

[Brother Hesekiel 2,236]

You wait until you have the divorce decree at hand, but under no circumstances do you exceed the expiration date of your Green Card. It's okay if you file only a week or two before your card expires.