Removing Conditions While US Spouse in Jail and Still Married.

[Catfish 0]

Hi There,

I am currently a conditional green card holder through marriage and I currently have to apply jointly to remove those conditions by the earliest in May of this year.

About 3 months after I was granted my conditional green card my spouse was arrested and has been imprisoned ever since on drug related offenses. I tried to be understanding and wanted to even maybe try to reconcile until another person came to visit my spouse in prison on Christmas day of last year that was obviously somebody who was more than just a concerned friend. In march of last year I went to see my spouse to say the marriage was over but am undecided of whether I should divorce now and apply separately or file jointly as my spouse is more than willing to co-operate in assisting me with removing my conditions and filing jointly with me, however, I don't even know if my spouse will even be out if I am called for an interview as I did not know my spouse was on probation and has now been detained for violating probation.

But if my spouse is released and we addend the interview together, we will tell the truth about what happened and also that we are currently not living together.

The marriage was entered in good faith but because of the drugs and other people my spouse was seeing while on these drugs along with all the time of being separated while in prison I cannot for-see a reconciliation.

Some of the evidence I do have is a joint signed lease agreement of when we moved into our apartment 2 months before my spouse was arrested, joint tax return, spouses social security card in my last name. I can also obtain affidavits from my mother-in-law, spouse and some of our mutual friends who can confirm that our marriage was valid.

Ultimately, I am wondering if there have been similar situations to mine that anyone has come across and what the possibility of successfully removing the conditions on my green card is?

Seems a bit harsh that I will have to be the one who suffers in this respect for my spouses stupidity, especially as this is the 2nd time I have had to start my life over again and am now settled with a good job and good friends.

Thanks in advance for the advise.

[mr and mrs 187]

poor girl.

if you are done with the marriage, and you sound like you are. go ahead with the divorce and file a waiver (ie NOT jointly). if you are able to prove that you entered into the marriage in good faith, and you have evidence to support that you lived as a married couple, even for that short period of time, and continued with the intention of staying married until the 'christmas day betrayal' (shall we call it?), you should be able to ROC on your own.

you need to collect as much evidence as you can (read the instructions thoroughly, consult VJ guides, and check out the 'effects of major family changes' forum), get everything in order, and then send away your ROC waiver application.

as long as you have strong evidence (joint taxes, joint lease, joint bank account, photos, affidavits, etc, etc, etc [even records of visits to him in prison, or correspondence]), you are likely to get the 10yr green card. you may have an interview and a bump here and there, but if you qualify you will be approved. you case may be slightly out of the ordinary, but probably not something that USCIS has not encountered before. i dont think you need an attorney, but others may have different advice. do what you are most comfortable with.

think positively. take care of yourself. and stay away from drugs!

[Nich-Nick 3,354]

Hi There,

I am currently a conditional green card holder through marriage and I currently have to apply jointly to remove those conditions by the earliest in May of this year.

You have to provide the divorce decree when you file alone...can't do it just pending divorce. Get on with it so it can be final. Check your state laws because some have longer waiting periods. File late in your 90 day window if needed to allow time to get the final decree. Or file late without it and get an RFE to buy more time. You have an excellent chance of being granted your 10 yr card on you own. USCIS recognizes marriages break down. Just provide your joint things like 'mr and mrs' said. I think that's your best option over all the ifs about him being out and telling them you are not living together.

[Catfish 0]

Thanks for the replies. However, because it was in such a short time from receiving my conditional green-card, moving into our apartment and my spouse being arrested, all that I have in terms of evidence is the following:

1st year joint lease agreement

1st year and this year's joint tax return (will be filing this year's as married also)

Affidavits from spouse and mother/father-in-law.

I am concerned that this would not be enough evidence to go with the ROC application regardless if I file joint or separate, but if my chances are better filing separate then I will choose that. I am under the impression though that if I file jointly that I may not even need an interview. But with this amount of evidence am I most likely to be called in?

Thanks again

[mr and mrs 187]

so you have none of the following?:

drivers licenses with a common address?

photos (even crappy camera phone ones. from other people?)

mail addressed to each of you OR both of you at the same address

evidence of a vacation together (night at a hotel?)

bills of any sort

evidence of you changing your name (?)

arrest documents

a list of dates of visits to the husband in jail

if you dont have the biggies (which you seem to have a couple) the more evidence of any kind the better.

including a very detailed letter may also help USCIS understand the situation. be specific.

my advice is to do this on your own and go the waiver route. you have essentially the same 'chance' of approval with or without him. i dont think you need to keep him around (or worse wait for him) just for this ROC. have him provide a letter detailing the situation. but even without that youd be fine.

Edited January 6, 2012 by mr and mrs

[ceadsearc 516]

File for divorce and do it with a waiver. If you go still married and are honest and tell them your relationship is failing you probably will not be approved. With evidence of good faith and a divorce decree your chances are good.

[Catfish 0]

Thanks, just an FYI, it is her that is in jail. I do have a driver's license but I got it once I had changed address. Her driver's license will still be at her Mum's address and still in her maiden name. I do have a photocopy of her social security card in my last name though. We have loads of photo's together, before we were married, not so much after as she has been in jail most of the time. Not bills together or mail. I had been in the USA less than 3 months after we got married. Also not so many visitation records after Christmas of 2010 because of the whole other person thing. But I will see if I can get a hold of them regardless.

Arrived in USA: 09/2009

Married: 12/2009

Coniditonal GC: 08/2010

Moved out of her Parents: 09/2010

Spouse Jailed: 10/2010 - Still Now

Hence the no bills in same name or address and that's all the mail I get. My spouse still gets mail sent to her parents. I will go with your advise with divorce and apply. I thought it would be the best way overall. Just very concerned with the lack of evidence that has been halting my decision.

Thanks again.

[ceadsearc 516]

You can also include affidavits from people who know you attesting to the fact that you entered into your marriage in good faith as well as the current situation.

The issue if you file without a divorce waiver is that when you go and are honest (as you need to be), you aren't meeting the requirements on which you are applying for ROC - which is based on a continued, bonafide marriage - and as such will probably be denied. When you apply with the divorce waiver, you are telling USCIS that the marriage didn't work and are applying based on a marriage that was entered into in good faith, and it can then be adjudicated as such.

[mr and mrs 187]

ack! i was operating under the asumption that only boys do bad things! im sorry. change that 'poor girl' to 'poor boy'.

you sound like youre organized and you understand what you need to do.

i agree that the extenuating circumstances will likely mitigate the lack of evidence in your case.

im confident a waiver would be approved.

[Catfish 0]

Thanks all for the advise. You have all been very helpful.