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Filed: Timeline
Posted

My 2yr GC is getting expire, and i am not living with my husband anymore,

and i have my USC son, pls. help what is the best thing to do, do i still

qualify to remove my conditional, we dont file the divorce yet. i do appreciate

all the help thank u..

Posted

My 2yr GC is getting expire, and i am not living with my husband anymore,

and i have my USC son, pls. help what is the best thing to do, do i still

qualify to remove my conditional, we dont file the divorce yet. i do appreciate

all the help thank u..

your window for applying for removal of conditons is anytime within 90 days before the date on your gc.

you can ROC without him, but how your application will be assessed will depend on the reason why you are no longer together. is he abusive? did he abandon you? don't you like him anymore? how long since you got your gc have you two not been together?

if you came here as K1 you can only remove conditions through him unless you can prove that your separation was not your fault.

I-129F, AOS, ROC

02-11-2008 Sent out I -129F in mail

02-13-2008 NOA 1

03-14-2008 NOA 2

04-07-2008 Medical exam passed

04-25-2008 Interview, visa aproved, no RFEs!

04-25-2008 Waiting for DELBROS/NSO

05-07-2008 Visa on hand ! Wow, less than 3 months! Thank you Lord!

05-26-2008 POE Detroit, no problems, thank God!

07-01-2008 Married 07-01-08, civil, just us w/ his parents

07-16-2008 Mailed out AOS package

07-19-2008 wedding ceremony

08-19-2008 biometrics appointment

08-25-2008 i-485 touched

09-23-2008 i-485 touched

09-30-2008 i-131 approval notice THANK YOU LORD!!!!

10-04-2008 Received my EAD

10-06-2008 Received my AP...yehey, i can go back to Phil for xmas!

11-14-2008 DMV driving test-passed! thank you Lord!

11-18-2008 Received RI driver's license

11-30-2008 Went home to PHILs for the holidays

12-21-2008 Church wedding!

01-08-2009 AOS Approved! thank you Lord! no interview required!

01-16-2009 Received GC in mail

09-02-2010 Sent out application for ROC

09-08-2010 Received NOA1

09-10-2010 Received Biometrics Notice

10-06-2010 Biometrics

12-06-2010 Approved! Thank you Lord God!

12-11-2010 Received NOA2 and 10-yr GC in the mail =)

N-400

10-03-2011 Sent N-400

10-07-2011 NOA1 date

10-25-2011 Biometrics

12-02-2011 Civics Test/Interview (passed)

04-09-2012 Oathtaking (got my little USA flag and souvenir photo!)

Matthew at 1yr

DSCF6924-2.jpg[/img]

Posted
if you came here as K1 you can only remove conditions through him unless you can prove that your separation was not your fault.

this is not true. you can remove conditions as long as you can prove that the marriage was entered into in good faith. (aka not for immigration purposes) even if it was your 'fault', as long as it was bona fide marriage, you do not need your USC partner to go through the ROC process. you can file on your own.

gather your evidence (as specified in the i-751 instructions) and submit. many people have successful ROC's after separation/divorce (though you need a divorce decree to finalize the ROC).

21 oct 08 : i-129F sent / 22 oct 08 : NOA1 / 23 feb 09: NOA2 / 13 mar 09 : rec'd 'packet 3' / 28 mar 09 : rec'd 'packet 4' / 20 apr 09 : interview / 22 apr 09 : passport/visa delivery by courier / 29 apr 09 : POE @ PHL / <3 05 may 09 : married <3 / 06 jul 09 : AOS submitted / 09 jul 09 : NOA for EAD/AP/i-485 / 28 jul 09 : biometrics / 31 aug 09 : AP rec'd / 02 sep 09 : EAD rec'd / 19 oct 09 : conditional green card rec'd

16 jul 11 : i-751 sent to VSC (fedex)

18 jul 11 : fedex confirmed delivery; NOA1 generated

20 jul 11 : NOA1 notice rec'd; check cashed; touch

26 jul 11 : NOA2 generated

28 jul 11 : NOA2 biometrics appt letter rec'd

29 jul 11 : letter req biometrics appt rescheduling sent

09 aug 11 : biometrics appt (could not attend); NOA3 generated

11 aug 11 : NOA3 (rescheduled) biometrics appt letter rec'd

24 aug 11 : biometrics appt

14 oct 11 : conditional green card expiry date

16 nov 11 : filed AR-11 for LPR online

18 nov 11 : mailed i-865 for USC

22 nov 11 : moved house; NOA4 change of address for USC rec'd

13 dec 11 : filed AR-11 for LPR by phone

29 dec 11 : filed hardcopy AR-11 for LPR by mail

18 jan 12 : 6 month mark ROC

05 apr 12 : approval letter rec'd

16 jul 12 : n-400 filing window opens

immediate concerns:

none, immigration-wise.
Filed: Citizen (apr) Country: Australia
Timeline
Posted

your window for applying for removal of conditons is anytime within 90 days before the date on your gc.

you can ROC without him, but how your application will be assessed will depend on the reason why you are no longer together. is he abusive? did he abandon you? don't you like him anymore? how long since you got your gc have you two not been together?

if you came here as K1 you can only remove conditions through him unless you can prove that your separation was not your fault.

The only part of this that is close to correct is the first sentence. Even then it should be you MUST remove conditions in the 90 days before the EXPIRY date on your greencard.

The rest is completely wrong.

--

OP - you will need to start divorce proceedings and file ROC immediately. When does your GC expire? Failure to ROC by the deadline will result in your LPR status being revoked. You will then be deportable.

The only problem with YOU filing for divorce is if you are Filipino. I believe in order to have the divorce recognized in the Philippines HE must file it.

Filed: IR-1/CR-1 Visa Country: Guyana
Timeline
Posted

If you came here on a K-1, then it would seem that your marriage was done here. Am I correct? I mean the legal side of it. Maybe you did the ceremony in your country before you came here. If this is true? Also, does your state regognize legal separation, or only divorce? If you are just separated, ask himif he would file jointly with you. Ensure you have the evidence required to file jointly.If not, then make sure you have a good evidence to support why you will be filing with waiver. If it's abuse, emotional or physical, get with a counsellor so, you can have documented proof of emotional trauma. My two bits.

 
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