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Posted

my husband and i are getting seperated, i am probably moving out of our house soon. we don't plan on getting divorced anytime soon, but might in the future.

i recieved my 2 year green card a couple of months ago, and was wondering if it still possible to lift conditions if you are divorced or seperated, and get your 10 year card? can you file by yourself?

any thoughts and advice would be appreciated. i tried finding information in the forums but couldn't find any answers. oh and i don't plan on talking to a lawyer any time soon, i just want some advice from anyone who might know something about this situation or who has gone through it themselves. thanks.

K1 visa

K1 Visa process took about 1 year, got married on January 13, 2006.

Got my green card on October 5, 2006.

Removal of Conditions

September 15, 2008: I-751 package sent

November 1, 2008: Received NOA

Januar 13, 2009: Biometrics appointment in Buffalo

May 2009: Notice of case transfered to California

August 3, 2009: received RFE letter; sent in evidence 2 weeks later, USCIS confirmed reception

March 03, 2010: Filed form DHS-7001 with CIS Ombudsman, and contacted my local Congresswoman to try to get my case pushed through.

June 5, 2010: Letter from CIS Ombudsman telling me USCIS is not ready for a decision yet. They didn't give me a timeline for when to expect a decision... this is getting worst...

August 2, 2010: Infopass appointment for I-155 stamp in my passport. Agent who helped me is going to get my file from California and process it himself!

August 10, 2010: Email from my Congresswoman's office, USCIS still not ready for a decision, told to wait another 90 days. And email from agent at local office telling me that his request to get my file was denied by California...

Filed: K-1 Visa Country: Wales
Timeline
Posted

You need to be divorced before you can self petition.

And show the validity of the original marriage.

Quite a regular feature, surprised that you have not come across many many threads.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (pnd) Country: Australia
Timeline
Posted
oh and i don't plan on talking to a lawyer any time soon, i just want some advice from anyone who might know something about this situation or who has gone through it themselves. thanks.

A lawyer is going to be that person. Other than that - run a search. This question has been asked 100 times

Finally finished with immigration in 2012!

familyxmas-1-1.jpg

Posted

well my apologies, i have tried finding answers and couldn't. therefore i posted.

so it is possible to file for your 10 year card alone as long as you are divorced and everything is legit?

i have no idea what things will be like in two years, but i figured i would ask to have a little idea about my options.

if anyone has links to threads about this, or any info that might help, i would appreciate it.

K1 visa

K1 Visa process took about 1 year, got married on January 13, 2006.

Got my green card on October 5, 2006.

Removal of Conditions

September 15, 2008: I-751 package sent

November 1, 2008: Received NOA

Januar 13, 2009: Biometrics appointment in Buffalo

May 2009: Notice of case transfered to California

August 3, 2009: received RFE letter; sent in evidence 2 weeks later, USCIS confirmed reception

March 03, 2010: Filed form DHS-7001 with CIS Ombudsman, and contacted my local Congresswoman to try to get my case pushed through.

June 5, 2010: Letter from CIS Ombudsman telling me USCIS is not ready for a decision yet. They didn't give me a timeline for when to expect a decision... this is getting worst...

August 2, 2010: Infopass appointment for I-155 stamp in my passport. Agent who helped me is going to get my file from California and process it himself!

August 10, 2010: Email from my Congresswoman's office, USCIS still not ready for a decision, told to wait another 90 days. And email from agent at local office telling me that his request to get my file was denied by California...

Filed: Citizen (apr) Country: Brazil
Timeline
Posted

If you're getting divorced why don't you go back to Canada? You went to the United States to be with him, if you're not together anymore you have no business living there, right?



* K1 Timeline *
* 04/07/06: I-129F Sent to NSC
* 10/02/06: Interview date - APPROVED!
* 10/10/06: POE Houston
* 11/25/06: Wedding day!!!

* AOS/EAD/AP Timeline *
*01/05/07: AOS/EAD/AP sent
*02/19/08: AOS approved
*02/27/08: Permanent Resident Card received

* LOC Timeline *
*12/31/09: Applied Lifting of Condition
*01/04/10: NOA
*02/12/10: Biometrics
*03/03/10: LOC approved
*03/11/10: 10 years green card received

* Naturalization Timeline *
*12/17/10: package sent
*12/29/10: NOA date
*01/19/11: biometrics
*04/12/11: interview
*04/15/11: approval letter
*05/13/11: Oath Ceremony - Officially done with Immigration.

Complete Timeline

Filed: Timeline
Posted

vegangirl,

Did you try reading the form and its' instructions for applying to remove conditions?

Yodrak

well my apologies, i have tried finding answers and couldn't. therefore i posted.

......

if anyone has links to threads about this, or any info that might help, i would appreciate it.

Posted (edited)

Vegan,

Check out this link.

http://www.visajourney.com/forums/index.php?showtopic=310

You might be better off looking for help in the removing of Conditions forum: http://www.visajourney.com/forums/index.php?showforum=86 . I think many people in your situation use that one for help.

Edited by jane2005

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

Filed: Citizen (apr) Country: Brazil
Timeline
Posted

I just said what everybody else was thinking. I really don't understand why people come to United States in order to get married or be with their spouses and when the marriage/engagement fails wthey want to stay. With the exception of they've been here for a long time, they built a career, had kids that go to school here, then it's completely understandable. Call me ignorant for having this point of view, I call ignorant the question itself.



* K1 Timeline *
* 04/07/06: I-129F Sent to NSC
* 10/02/06: Interview date - APPROVED!
* 10/10/06: POE Houston
* 11/25/06: Wedding day!!!

* AOS/EAD/AP Timeline *
*01/05/07: AOS/EAD/AP sent
*02/19/08: AOS approved
*02/27/08: Permanent Resident Card received

* LOC Timeline *
*12/31/09: Applied Lifting of Condition
*01/04/10: NOA
*02/12/10: Biometrics
*03/03/10: LOC approved
*03/11/10: 10 years green card received

* Naturalization Timeline *
*12/17/10: package sent
*12/29/10: NOA date
*01/19/11: biometrics
*04/12/11: interview
*04/15/11: approval letter
*05/13/11: Oath Ceremony - Officially done with Immigration.

Complete Timeline

Filed: AOS (apr) Country: Morocco
Timeline
Posted
I just said what everybody else was thinking. I really don't understand why people come to United States in order to get married or be with their spouses and when the marriage/engagement fails wthey want to stay. With the exception of they've been here for a long time, they built a career, had kids that go to school here, then it's completely understandable. Call me ignorant for having this point of view, I call ignorant the question itself.

I didn't see where she said she hadn't built a career or doesn't have friends here or just doesn't like it here....

She didn't share many details so we really don't know. I think that clearly she has a reason to stay... maybe work on her marriage.

Posted
I just said what everybody else was thinking. I really don't understand why people come to United States in order to get married or be with their spouses and when the marriage/engagement fails wthey want to stay. With the exception of they've been here for a long time, they built a career, had kids that go to school here, then it's completely understandable. Call me ignorant for having this point of view, I call ignorant the question itself.

Well, maybe someone comes here with no family left behind in their home country, and found themselves to have more opportunities for a better job here and would like to stay. Or maybe they find life in the US suits them for whatever reason and would like to stay.

SA4userbar.jpg
Filed: Citizen (apr) Country: Brazil
Timeline
Posted

You're right (Sarah and TracyTN). I jumped on conclusions too fast and I apologize.



* K1 Timeline *
* 04/07/06: I-129F Sent to NSC
* 10/02/06: Interview date - APPROVED!
* 10/10/06: POE Houston
* 11/25/06: Wedding day!!!

* AOS/EAD/AP Timeline *
*01/05/07: AOS/EAD/AP sent
*02/19/08: AOS approved
*02/27/08: Permanent Resident Card received

* LOC Timeline *
*12/31/09: Applied Lifting of Condition
*01/04/10: NOA
*02/12/10: Biometrics
*03/03/10: LOC approved
*03/11/10: 10 years green card received

* Naturalization Timeline *
*12/17/10: package sent
*12/29/10: NOA date
*01/19/11: biometrics
*04/12/11: interview
*04/15/11: approval letter
*05/13/11: Oath Ceremony - Officially done with Immigration.

Complete Timeline

Filed: Citizen (pnd) Country: Australia
Timeline
Posted

I dunno - I kinda see where you're coming from Nessa. Stewart has openly told me that if anything happened to me, he'd go back home. He's only here for me. Period. It does, to me as well, make me thing when I see posts like this...If it is so hard and such a battle to stay in the states, where you've only been about a year....versus the EASY choice to go back home where all your family, friends and your whole LIFE was before you moved here..

I mean, I guess just playing devil's advocate...

Finally finished with immigration in 2012!

familyxmas-1-1.jpg

Filed: AOS (apr) Country: Morocco
Timeline
Posted
I dunno - I kinda see where you're coming from Nessa. Stewart has openly told me that if anything happened to me, he'd go back home. He's only here for me. Period. It does, to me as well, make me thing when I see posts like this...If it is so hard and such a battle to stay in the states, where you've only been about a year....versus the EASY choice to go back home where all your family, friends and your whole LIFE was before you moved here..

I mean, I guess just playing devil's advocate...

it's a tough job, but someone has to do it :lol:

 
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