Seperation Before Removal Of Conditions

[sammills89 2]

Hello vj'ers - it's been a while.

Life in the USA has treated me well, I always felt that married life was going well - until I got home from work last week to find that I am now, essentially, a single man. My current conditional green card expires in March, and I'm trying to figure out the next step I'm supposed to take.

I did look through this link http://www.ilw.com/articles/2009,0924-lee.shtmand it seemed like a lot of useful information, but I'm not sure what I'm supposed to do. Do I file the removal of conditions form without my wife, stating that we are now divorced, and then wait for them to ask for proof of the divorce later?

I'm confused, I'm incredibly hurt, and it appears as though my wife (the USC) was simply biding her time with me, right up until the very last second, in order to attempt to tear out any foundations I have made in this country. I apologise if this topic has been covered a million times, I'm just trying to figure out where I should be going from here.

Thank you all so much for reading.

Sam.

[I AM NOT THAT GUY 5,715]

Have either of you filed for legal separation? It seems to me that you need to move fast and lawyer up quickly. You will have a tough time making this happen without qualified help, unless you just want to put your affairs together, and move back to the U.K. in the time left.

[ceadsearc 516]

You asked if you file and say you are divorced - are you divorced or will you be before your green card expires? If so, yes, just file with a divorce waiver.

[sammills89 2]

Well obviously I need to file for divorce asap, but I'm worried that it will take longer than I have left on my conditional green card. I am currently not divorced, but looking in to what I need to do in order to follow that path, I guess.

[milimelo 4,554]

Moving to Removing Conditions forum.

[kcoyclay1 98]

Conditional expiring in March? Didn't you do ROC 6 months prior?

[Stephen + Elisha 92]

Conditional expiring in March? Didn't you do ROC 6 months prior?

You can only file for removal of conditions within 90 days of the expiration of the conditional residency.

[sammills89 2]

Has anyone experienced anything similar to this? If everything went to plan, I was planning on filing the i751 within the 90 day period. I have the form and evidence ready, sadly the situation has now changed.

[ceadsearc 516]

I would look into divorce in your state and see how quickly it can be completed. If you can get it done before your GC expires, great, do that and file with the divorce waiver. If you can't get it done beforehand but it will be done shortly after, file with the divorce waiver and you will receive an RFE for the decree itself, which you can then respond to. Even if you can't get the decree in time, read this post: http://www.visajourney.com/forums/topic/315589-just-filed-for-i-751-to-remove-conditions-got-my-biometrics-done-day-before-and-now-separated/ for a good explanation by KATHRYN41 as to how to handle things. You can't apply as though your marriage is still intact as it is not and that would be fraudulent (not to mention if you ended up with an interview you'd be really up a creek).

[MR&MRS MOXEY 0]

Was the divorce already done? If not send out your documents now, they accept document 60 days before your card expires. In the event they question it, then be prepared to tell them what happen. I didn't get divorce but we were separated and I did not share any of my assets with him so I just got Affidavits from friend and family and it worked out fine.

[mr and mrs 187]

aww, sam. im sorry to hear of your difficulties.

please know that ROC will not likely pose too much stress for you, provided that tou can prive that you entered into the marriage in good faith and not for immigration purposes. divorce happens. lots of people have successfully ROCed without their spouse in such cases. submit as much evidence as possible that establishes financial comingling and cohabitation. prepare for the eventuality of an interview and take care if yourself.

please take a look at the 'effects of major changes' forum. there is lots of good help there.

all the best to you.

[MR&MRS MOXEY 0]

Was the divorce already done? If not send out your documents now, they accept document 90 days before your card expires. In the event they question it, then be prepared to tell them what happen. I didn't get divorce but we were separated and I did not share any of my assets with him so I just got Affidavits from friend and family and it worked out fine.

[ceadsearc 516]

Was the divorce already done? If not send out your documents now, they accept document 90 days before your card expires. In the event they question it, then be prepared to tell them what happen. I didn't get divorce but we were separated and I did not share any of my assets with him so I just got Affidavits from friend and family and it worked out fine.

Wow, you told USCIS you and your husband were separated and they processed your ROC without a divorce waiver anyway? I've never heard of that before.

[VanessaTony 3,567]

Wow, you told USCIS you and your husband were separated and they processed your ROC without a divorce waiver anyway? I've never heard of that before.

Could have done it based on abuse. That's the only way to get ROC approved without divorce being finalized.

[ceadsearc 516]

Could have done it based on abuse. That's the only way to get ROC approved without divorce being finalized.

Good point, I hadn't thought about that one! Doesn't sound like it will work for the OP, though, but hopefully they live in a state where divorce doesn't take too long.