Removing the conditions for Temporary Resident Visa

[maybelle 0]

Hello everyone, just an update of what's going now. I have good news and bad news. And I'm hoping that you can help me again or throw me an advice or share your thoughts and knowledge. For those who don't know that story please refer to this link

http://www.visajourney.com/forums/user/73934-maybelle/

Me and my husband didn't work it out, until now he is still with the girlfriend and continously visiting her in the philippines every six months. So back in march 2010, i left him and went out on my own, which gave me a peace of mind.we agreed that he will still help me file my resident visa as joint to remove the conditions, but in april he filed a divorce which he eventually cancelled it because he just learned that it will be difficult for him to petition his B!tch when the time comes. In June, I met this a guy, became my friend and confidante he knew everything about me, after few months of dating, we started to take things seriously. And on February 14,2011 he proposed to me. At first I was hesitated to say yes, but I love him and I really wanna be with him. But I'm worried about my visa it will expire on June 2011, It's a 2 year temporary visa based on Marriage. I wonder if we can file for a divorce before my visa expires and my boyfriend can marry me. We've been really eager to know what are the possibilities that we can do this. We are so much in love and we don't want as much possible to be separated for a long time. God has been reaaly good to me, after what had happen to my marriage, He gave me this guy who accepted everything about me. We have 2 options, either i will obtain my Permanent GC first through joint petition with my ex since we're not divorce yet,(that was the original plan, but when my BF proposed it was all changed). But my ex is really a difficult person, he even forced me to sign a Affidavit of support for his 8 family members to come to the US. He said if I wont sign he will not help me get my permanent GC. That's the part I wanna skip, to have nothing to do with him anymore. I told him about my relationship with my bf and how we plan to do the divorce and my ex said, I don't want to do the divorce if my family's visa application will be affected. He is such one selfish mother effer who's only thinking about himself and his family. Another option is, My ex and I will file a non-contested divorce and after few month I can get married. My BF is in the Airforce, his officilas are telling us maybe it's easier for me to get my GC once I'm married to him. But I wanna know what is the rulling on the Immigration first. Please I would really appreciate it if someone can share their knowledge with us.

[maybelle 0]

Moving to Removing Conditions forum.

Thanks! So it would take barely 4 months to process for the removal of conditions. That's something to know. We might have a difficulty though coz there was a divorce filed back in April, they might interview us.

[milimelo 4,481]

You may have some issues with removal of conditions - why not file for divorce (as it seems you don't live together with your husband) and file with the waiver? The way you're thinking of doing this sounds like fraud.

[Kathryn41 3,205]

I am moving this topic to Effects of Major Family Changes on Immigration Benefits. While the OP is asking about Removal of Conditions the issue is complicated by several other circumstances including a new relationship that have an impact on the outcome and is better discussed in this forum.

[VanessaTony 3,567]

I think you mean you have a 2 year conditional GREENCARD, not visa.

On your 2 year GC there is an expiry date. Sometime in the 90 days before that date you MUST file Removal of Conditions (ROC). You can't do this jointly because it would be fraud, so you need to file for divorce and once it's finished file ROC with a divorce waiver. If your divorce hasn't been approved before your 90 days "window" to file ROC you need to file as though you do have it, and wait for the RFE for the divorce certificate.

It will be easier for you to file for the divorce and do the ROC yourself (before marrying your new guy) than it would be to marry the new guy and start from scratch.

In regards to the petition for his family members, you can write in and withdraw the Affidavit of Support that you did. The problem will be if you don't have a copy of any of the paperwork, or if you don't know the names, or any of that other info. I don't know if you're able to just call in and give your A number and see if there's one linked to you or what.. Hmm... I would probably make and infopass about it myself. If they don't have their visas yet then you can still withdraw it.. that's what I'd be doing as well as filing for divorce.

[maybelle 0]

First of thank you for your reply. When you said start from scratch - does that mean i had to go home and he will have to petition me?

And about the AOS for his family, that's really good to know coz my ex is like so sure now that even if he divorce me he still wins coz i already signed the AOS. He's back to threatening me to divorce me again. he was just being nice before to get my signature and bank statements. It's hard to believe buy yeah people like him do really exist!

[VanessaTony 3,567]

First of thank you for your reply. When you said start from scratch - does that mean i had to go home and he will have to petition me?

And about the AOS for his family, that's really good to know coz my ex is like so sure now that even if he divorce me he still wins coz i already signed the AOS. He's back to threatening me to divorce me again. he was just being nice before to get my signature and bank statements. It's hard to believe buy yeah people like him do really exist!

Yes. If you wanted to "start from scratch" you would need to abandon your current GC, go home and re-file with the new guy but it's just totally not worth it.

Tell your husband to go ahead and divorce you. Or you file it.. whatever. But if I were you I would just file ROC in the 90 days before your GC expires and if you're divorced (or in the process), file it with the divorce waiver. You don't need to stay married to this guy. I would revoke the AOS paperwork as soon as you can so you're not on the hook but unless you have a copy I don't have any idea how you would go about it so I would make an infopass appointment. It's likely you would just need to give your husbands name, maybe the name of the people he's trying to sponsor... anyway... good luck!

Remember, check the date on your GC so you know when you have to apply for ROC. Make sure either he or you file for divorce asap. Because you're Filipino it would be easier for him to file the divorce because then it will be recognised in the Philippines.

[rika60607 215]

You can't be threatened with divorce - you need divorce more than he does. You need to remove conditions and you want to marry your boyfriend, so you need that divorce.

So let him file for divorce (if you are from PI, it is better if he files, not you).

He's back to threatening me to divorce me again. he was just being nice before to get my signature and bank statements. It's hard to believe buy yeah people like him do really exist!

[maybelle 0]

Thank you! That's a relieve, coz no matter what he is going to file a divorce. I'm just concern, what to do after the divorce. From what i know, after my GC expires on June, i will be given 1 more year to stay in the US and adjust my status to permanent GC. one lawyer told me to help me, but he's asking for $3000 charge and telling it is difficult to do and once i did it wrong I might be send back to the Philippines. i wonder if I can do it on my own, without the attorney's help. i have no way I could provide that money, eversince i left my husband i took care of myself here with a minimal income because I was only here for two months when I discovered he is having an affair, and that's when he started abusing me,i only have enough for my bills and needs. I actually even think of going home to philippines, coz definitely Hawaii was not a land of paradise for me just like some people say, but since I met my boyfriend he helped me out a lot to move on.

[T_and_A 3]

That is not true. You only get a one year extension if you file removal of conditions within 90 days before your 2-yr greencard expires and it was received by USCIS and you get the NOA1.

I would say, divorce him right away, then file removal of conditions with a waiver, not joint with him, within 90 days prior to GC expiration. If your divorce isn't final yet, you will get an RFE for the divorce decree and that will give you time to get one thing done, which is finalize the divorce and move away from him as much as possible. Doing it jointly, with your ex's help is fraud. You can do it on your own without an attorney, alot of helpful guides here in VJ and VJ users, just have to do your reading and research then will save you alot.

If you are currently petitioning or co-signed to bring some of his family here(maybe more information on this? Is he a filipino naturalized US citizen? Who is he petitioning? What relation to him? parent, siblings? As far as I know LPR, cannot petition for family members except immediate relative, like husband/wife or children under certain age.) If their paperwork is processing, the best you could do is inform them that you will be divorcing and that you would like to withdraw the AOS petition, but not sure if you will be out of the binding contract with them once the family gets approved.

Thank you! That's a relieve, coz no matter what he is going to file a divorce. I'm just concern, what to do after the divorce. From what i know, after my GC expires on June, i will be given 1 more year to stay in the US and adjust my status to permanent GCFrom what i know, after my GC expires on June, i will be given 1 more year to stay in the US and adjust my status to permanent GC. one lawyer told me to help me, but he's asking for $3000 charge and telling it is difficult to do and once i did it wrong I might be send back to the Philippines. i wonder if I can do it on my own, without the attorney's help. i have no way I could provide that money, eversince i left my husband i took care of myself here with a minimal income because I was only here for two months when I discovered he is having an affair, and that's when he started abusing me,i only have enough for my bills and needs. I actually even think of going home to philippines, coz definitely Hawaii was not a land of paradise for me just like some people say, but since I met my boyfriend he helped me out a lot to move on.

[Anh map 2,098]

Thank you! That's a relieve, coz no matter what he is going to file a divorce. I'm just concern, what to do after the divorce. From what i know, after my GC expires on June, i will be given 1 more year to stay in the US and adjust my status to permanent GC. one lawyer told me to help me, but he's asking for $3000 charge and telling it is difficult to do and once i did it wrong I might be send back to the Philippines. i wonder if I can do it on my own, without the attorney's help. i have no way I could provide that money, eversince i left my husband i took care of myself here with a minimal income because I was only here for two months when I discovered he is having an affair, and that's when he started abusing me,i only have enough for my bills and needs. I actually even think of going home to philippines, coz definitely Hawaii was not a land of paradise for me just like some people say, but since I met my boyfriend he helped me out a lot to move on.

Will your boyfriend loan you the money needed?

[maybelle 0]

Will your boyfriend loan you the money needed?

He is more than willing to help. but ofcourse if I could do it on my own then it will save us a lot of money.

[maybelle 0]

That is not true. You only get a one year extension if you file removal of conditions within 90 days before your 2-yr greencard expires and it was received by USCIS and you get the NOA1.

I would say, divorce him right away, then file removal of conditions with a waiver, not joint with him, within 90 days prior to GC expiration. If your divorce isn't final yet, you will get an RFE for the divorce decree and that will give you time to get one thing done, which is finalize the divorce and move away from him as much as possible. Doing it jointly, with your ex's help is fraud. You can do it on your own without an attorney, alot of helpful guides here in VJ and VJ users, just have to do your reading and research then will save you alot.

If you are currently petitioning or co-signed to bring some of his family here(maybe more information on this? Is he a filipino naturalized US citizen? Who is he petitioning? What relation to him? parent, siblings? As far as I know LPR, cannot petition for family members except immediate relative, like husband/wife or children under certain age.) If their paperwork is processing, the best you could do is inform them that you will be divorcing and that you would like to withdraw the AOS petition, but not sure if you will be out of the binding contract with them once the family gets approved.

I still have everything with me, our income tax returns, joint lease, bank statements here in the US and in the Philippines, credit cards and other bills. I think I don't have a problem proving that we entered marriage in good faith coz he is my childhood sweetheart, we were engaged for two years before we get married. I also have evidences of him cheating on me like pictures and e-mail messages with the girl, plane tickets visiting the girlfriend and know some people who knew about their relationship. Are those relevant? I also have some doctor's record with depression and anxiety before when I'm so in love with him and I can't get myself to move on. So shame to admit but I almost killed myself before, I had some help and encouragement from the Domestic Violence hotline and started to attend theraphy.

[Krikit 1,164]

Post containing separate issue has been given its own thread here.

[maybelle 0]

just an update, my ex filed a divorce and they said the processing is 6-8 weeks the the divorce decree will be sent to us. But the 90days window to adjust my status starts on April 1,2011 because my GC expires on June 28,2011. Should I wait for the divorve decree to file the ROC? Someone advised me to get a ROC with a waiver, I don't know where to get the divorce waiver, or is that the same as the divorce decree? I wanna start to do it on April 1 but I don't know where to start. Please help me.