Divorce Question

[crystalbel 0]

Not sure where to post this qn on this forum. need some advise here.

We got married on 11 Nov 2012 in Singapore. I have since obtained a CR1 approval. I am still on my two years conditional visa/approval ( whatever you call it). I am seeking a divorce from my husband on ground of infidelity. My qns :

1. Do I have to leave the country upon the divorce ? or I can apply to remove the conditions so as to remain in the USA ? The marriage was entered in good faith.

I sold my house in Singapore and move everything here. I have a house here and a job. I have nothing in Singapore and I really do not wish to go back to Singapore.

[Dream.Angel 10]

Not sure where to post this qn on this forum. need some advise here.

We got married on 11 Nov 2012 in Singapore. I have since obtained a CR1 approval. I am still on my two years conditional visa/approval ( whatever you call it). I am seeking a divorce from my husband on ground of infidelity. My qns :

1. Do I have to leave the country upon the divorce ? or I can apply to remove the conditions so as to remain in the USA ? The marriage was entered in good faith.

I sold my house in Singapore and move everything here. I have a house here and a job. I have nothing in Singapore and I really do not wish to go back to Singapore.

Hey,you should seek a lawyer a lot of them give a free advice..!! you don't need to go back home if your marriage was entered in good faith .. Hopefully there are ways you can still get the conditions lifted.

Good luck xx

[Merrytooth 5,748]

You could remove the condition on your own by showing bona fide marriage evidence in I-751.

You are permanent resident of US, so you don't have to leave US after divorce.

[Jeremy12095 8]

From my understanding there are certain exemptions to the joint requirement to remove conditions however I believe they are only death or spouse or spousal abuse..

Here's an excerpt from one of their manuals.

"

Where the parties are unable to file jointly, the conditional permanent resident may file Form I-751 alone at any time prior to receiving a final order,

• Deportation or removal from the United States would result in extreme hardship;

• The marriage upon which his or her status was based was entered into in good faith by the conditional resident, but the marriage was terminated other than by death, and the conditional resident was not at fault in failing to file a timely petition; or

• The qualifying marriage was entered into in good faith by the conditional resident but during the marriage the spouse or child was battered or subjected to extreme cruelty committed by the citizen or permanent resident spouse or parent.20 "

http://www.dhs.gov/sites/default/files/publications/cisomb-conditional-residence-recommendation-final-02282013_1.pdf

Edited March 10, 2014 by Jeremy12095

[crystalbel 0]

Thanks. I thought that the 2 years conditioner stay is only a "visa" and will only be converted to Permanent resident after the condition to remain married for 2 years is fulfilled !

[Merrytooth 5,748]

File I-751 with divorce waiver.

Read here:

http://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html

[Jeremy12095 8]

You could remove the condition on your own by showing bona fide marriage evidence in I-751.

You are permanent resident of US, so you don't have to leave US after divorce.

Under the CR-1 she is a conditional resident and must leave if she gets divorced unless she files for a waiver from the joint requirement to remove barriers. She will have to prove to the immigration officer that she in fact did enter the marriage in good faith and it was the USC husband who screwed things up resulting in the break of the marriage.

If You Are No Longer Married To Your Spouse or If You Have Been Battered or Abused by Your U.S.-Citizen or Lawful Permanent-Resident Spouse or Parent

You can apply to waive the joint filing requirement if you are no longer married to your spouse, or if you have been battered or abused by your U.S.-citizen or lawful permanent-resident spouse or parent.

In such cases, you may apply to remove the conditions on your permanent residence at any time after you become a conditional resident, but before you are removed from the country. You must provide evidence that removal from the United States would cause you extreme hardship.

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

[Jeremy12095 8]

File I-751 with divorce waiver.

Read here:

http://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html

Correct!!!

If You Are No Longer Married To Your Spouse or If You Have Been Battered or Abused by Your U.S.-Citizen or Lawful Permanent-Resident Spouse or Parent

You can apply to waive the joint filing requirement if you are no longer married to your spouse, or if you have been battered or abused by your U.S.-citizen or lawful permanent-resident spouse or parent.

In such cases, you may apply to remove the conditions on your permanent residence at any time after you become a conditional resident, but before you are removed from the country. You must provide evidence that removal from the United States would cause you extreme hardship.

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

[dwheels76 5,468]

Not sure where to post this qn on this forum. need some advise here.

We got married on 11 Nov 2012 in Singapore. I have since obtained a CR1 approval. I am still on my two years conditional visa/approval ( whatever you call it). I am seeking a divorce from my husband on ground of infidelity. My qns :

1. Do I have to leave the country upon the divorce ? or I can apply to remove the conditions so as to remain in the USA ? The marriage was entered in good faith.

I sold my house in Singapore and move everything here. I have a house here and a job. I have nothing in Singapore and I really do not wish to go back to Singapore.

Yes you sure can file removal of conditions. Soon as you get divorce you have 90 days to file for removal of conditions using the divorce waiver. Meaning you don't have to wait until that 90 days before your green card expires.

Just get your evidence together and be prepared to explain maybe what went wrong but more so explaining like you said the marriage was entered in good faith.

And always go for a free lawyer consult will not hurt a bit.

Wishing you all the best.

[Ontarkie 14,234]

~~Moved to Effects of Major Family Changes on Immigration Benefits, from IR1/CR1 - as this is a more appropriate forum~~

[Ryan H 3,812]

Duplicate threads merged.

[Caryh 5,206]

Correct!!!

If You Are No Longer Married To Your Spouse or If You Have Been Battered or Abused by Your U.S.-Citizen or Lawful Permanent-Resident Spouse or Parent

You can apply to waive the joint filing requirement if you are no longer married to your spouse, or if you have been battered or abused by your U.S.-citizen or lawful permanent-resident spouse or parent.

In such cases, you may apply to remove the conditions on your permanent residence at any time after you become a conditional resident, but before you are removed from the country. You must provide evidence that removal from the United States would cause you extreme hardship.

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

Picking the abuse option to Remove Conditions is not a good idea. You check the box on the form that you are no longer married, and prove a good faith marriage. If you pick the abuse option, you must still prove a good faith marriage, but also all the other requirements on top of it. Its like paying twice for a cup of coffee when you could have just paid once.

[Tom_Jim 40]

I am a divorce waiver candidate. Just divorce him, and file a 751 with waiver. That's what I did.