Conditional Green Card Options

[HeKiltIt 0]

Hi everybody!

First time posting looking for some advice on my conditional green card.

Back story, I moved from Scotland and married my wife here in California in late 2011, we have now separated and I'm expecting divorce papers any day now. We split up for innocent reasons, no abuse or anything like that. My conditional green card runs out in Feb 2014.

Since I moved here I have built up a good life and don't want to move back. I have maintained a steady job (the only one I've had since I moved), started a small business and have generally been a good citizen. I don't have a lot of money or a job of real importance.

Since the split my wife became quite vengeful, she wouldn't give me alot of my stuff back and has told me that when the time comes and I try to remove the conditions of my green card she said she would not help in any way.

Do I have any options to stay here? What can I do? Would it be possible to move onto a student visa?

Any advice is greatly appreciated.

Thank you.

[NigeriaorBust 4,087]

If you honestly entered into the relationship and have documents to show it then you can stay.. Do ou have any documents of your co mingled life

[HeKiltIt 0]

I do but they don't seem the strongest tbh.

Our marriage was 110% legit, I have an extensive amount of pictures from September 2011 to June 2013 which include us, her family, my mother when she visited, trips to vegas, trips when we were out eating/hiking etc.

We don't have any big things, like a joint lease as the appartment we lived in was her uncles. No joint property like cars as we don't drive. We have a joint bank account, thats about it, pictures and a bank account...

[Harpa Timsah 13,258]

You can file ROC on your own based on a good faith marriage an divorce. Read up on the I-751 instructions. No one piece of evidence is required, put together the best proof you can and a letter of explanation. Worst case you will get an interview or have to see an immigration judge.

Did you have taxes? Health insurance?

Edited September 20, 2013 by Harpa Timsah

[VanessaTony 3,567]

Back story, I moved from Scotland and married my wife here in California in late 2011, we have now separated and I'm expecting divorce papers any day now. We split up for innocent reasons, no abuse or anything like that. My conditional green card runs out in Feb 2014.

Since I moved here I have built up a good life and don't want to move back. I have maintained a steady job (the only one I've had since I moved), started a small business and have generally been a good citizen. I don't have a lot of money or a job of real importance.

Since the split my wife became quite vengeful, she wouldn't give me alot of my stuff back and has told me that when the time comes and I try to remove the conditions of my green card she said she would not help in any way.

Qns: Do I have any options to stay here? What can I do? Would it be possible to move onto a student visa?

First, you have not been, and are not, "a good citizen". You are NOT a "citizen". You are a resident. You have been a good "resident". Very important that you NEVER refer to yourself as a citizen or pass yourself off as one.

As to ROC, there is the divorce waiver. She doesn't need to "help you". You simply submit the forms, the payment, and proof of bonafide relationship (financial co-mingling, etc etc) that you had prior to the divorce/relationship breakdown and you will be fine. It's very common. You need to file for ROC either as soon as the divorce is final OR during the 90 days, whichever comes first.

As to your "stuff" and her not giving it back, I suggest you speak to your attorney about that.

[VanessaTony 3,567]

Our marriage was 110% legit, I have an extensive amount of pictures from September 2011 to June 2013 which include us, her family, my mother when she visited, trips to vegas, trips when we were out eating/hiking etc.

We don't have any big things, like a joint lease as the appartment we lived in was her uncles. No joint property like cars as we don't drive. We have a joint bank account, thats about it, pictures and a bank account...

- Taxes

- Proof of same address (mail addressed to the both of you at the same address)

- Memberships (gym, netflix etc)

- Pet ownership

- Health insurance

- Life insurance

- Wills/POA's etc (even if since revoked)

- Affidavit's from friends/family attesting to the relationship

Edited September 20, 2013 by VanessaTony