I-751 Removal of Condition Late

[Qamz 0]

Hi,

I am going through a divorce and was the basis of my conditional GC was marriage. We stopped living together since AUG 2012. My conditional GC expires APRIL 7th,2013. I haven't applied for the I-751 Removal of condition. I know I have passed the 90 day deadline and am late but is it possible to submit the paperwork early this week and still be in Good Shape.

What would be good documents to send for this case since we are no longer together.

All advices are welcome and i thank you guys for all your responses in future!

- Qamz

[Hypnos 6,578]

You are not late until your conditional green card expires, which as you say is the 7th April.

The RoC window opens on the 90th day prior to the expiry date on your green card; you can apply anytime during that 90 day window, although most people choose to do it near the start so it's one more thing out of the way.

You should enclose evidence of a good faith marriage and check the box indicating a waiver of filing jointly. You will receive an RFE for the divorce decree, which you should submit as soon as you have it. If your RFE expires before you are able to submit the divorce decree then your RoC will be denied and you will likely be placed into removal proceedings. At the hearing before the immigration judge you will explain that you intend to file for RoC with a waiver as soon as you have the divorce decree, but it is not yet final. The immigration judge should then continue (postpone) your case until the divorce is final and you have the decree, at which point your RoC application can be resurrected and you should have no further issues (provided you can prove that you entered the marriage in good faith).

[Qamz 0]

Thanks a bunch for your answer as it contained more information that i could ask for. However the Evidence is what i am unclear

unclear. I have lease agreements for the year and 11 months that we lived together. Joint Bank Accounts with Direct Deposit history.

Family Pictures of Events, 1st Anniversary Event Pics with Friends and Family.

Should i send all or should i write a letter explaining the Good Faith Part.

-Qamz

[Hypnos 6,578]

I would send all of that.

[milimelo 4,568]

Thanks a bunch for your answer as it contained more information that i could ask for. However the Evidence is what i am unclear

unclear. I have lease agreements for the year and 11 months that we lived together. Joint Bank Accounts with Direct Deposit history.

Family Pictures of Events, 1st Anniversary Event Pics with Friends and Family.

Should i send all or should i write a letter explaining the Good Faith Part.

-Qamz

You'll need taxes as well - 2012, 2011, 2010 - either listing as married filing jointly or married filing separately.

Any insurance cards (car, medical, life, rental) and any claims - medical - EOB statements (explanation of benefits) listing one or the other as policy holder and the second or same person as a patient?