Conditions removal application: gap in evidence

[nicholas1413 0]

Hi VJ community,

I'm in the process of applying to have conditions removed from my temporary GC. The 10 second version is that we were completely in love, got married, I got my temporary GC, she got depressed and distant, cheated on me and decided that she didn't want to be married anymore and we got divorced. Since this occurred 9 months into the marriage, I'm applying to have conditions removed even though we are now divorced.

I just got a letter from USCIS saying that my evidence does not cover the entire period of our marriage up until the divorce application. The reason for this is that I waited about 10 months to file for divorce after we had broken-up. Partially due to a trial separation, and after that, getting paperwork in order and not having the money. The lawyer that I consulted before doing this said that it could be done at any time before the application to remove conditions (as long as it was before temp GC expired). But now I'm wondering if they won't accept this.

TIMELINE:
May 2012 - Sept 2012: Trial Separation

September 2012: Decision to break-up

April 2013: Filed for divorce

Any thoughts? Can we both write affidavits just explaining this, or is the very fact that we were not together during that period a problem? Thought I did everything right by checking with a lawyer first, but alas!

Thanks so much everyone for any help you can offer. I really appreciate this website.

~ Nicholas

[Pitaya 2,577]

~Moved from Family-based AOS to ROC Forum~

~Inquiry about ROC process~

[NancyNguyen 1,657]

Did you file I-751 jointly? If yes, you can't file it jointly. You need to file a I-751 divorce waiver right after your divorce finalized. Your RFE is not simple at all, you need to consult an experienced immigration lawyer. Good luck.

[nicholas1413 0]

Did not file jointly. I guess I will have to consult an attorney, Sigh. Thanks for your reply Nancy

[Anastasi_i 0]

I'm in an exact situation. I guess you should just send EVERYTHING you have even if the dates of your paperwork don't cover the whole time of your marriage. My ex husband and I decided to live separately for a couple months and try to work out our issues at a distance but things only got more complicated and we filed for divorce. So I got a letter saying that they have a problem with the fact that my lease ended in November and we filed for divorce 4 months later. But come on, its life and I'm pissed because I was married in good faith and exactly because my marriage was real and happens my papers aren't fitting into their guidelines.... Obviously! When we filed for divorce in February my ex was pissed and didn't wanna file taxes together and we closed our bank account before we got legally separated...he didn't even have a real job! He sold his stupid car and had no money to invest in a home. I can rant about it forever.. So I'll be pulling all those papers out of my a$$

I'm in an exact situation. I guess you should just send EVERYTHING you have even if the dates of your paperwork don't cover the whole time of your marriage. My ex husband and I decided to live separately for a couple months and try to work out our issues at a distance but things only got more complicated and we filed for divorce. So I got a letter saying that they have a problem with the fact that my lease ended in November and we filed for divorce 4 months later. But come on, its life and I'm pissed because I was married in good faith and exactly because my marriage was real and happens my papers aren't fitting into their guidelines.... Obviously! When we filed for divorce in February my ex was pissed and didn't wanna file taxes together and we closed our bank account before we got legally separated...he didn't even have a real job! He sold his stupid car and had no money to invest in a home. I can rant about it forever.. So I'll be pulling all those papers out of my a$$

I'm in an exact situation. I guess you should just send EVERYTHING you have even if the dates of your paperwork don't cover the whole time of your marriage. My ex husband and I decided to live separately for a couple months and try to work out our issues at a distance but things only got more complicated and we filed for divorce. So I got a letter saying that they have a problem with the fact that my lease ended in November and we filed for divorce 4 months later. But come on, its life and I'm pissed because I was married in good faith and exactly because my marriage was real and happens my papers aren't fitting into their guidelines.... Obviously! When we filed for divorce in February my ex was pissed and didn't wanna file taxes together and we closed our bank account before we got legally separated...he didn't even have a real job! He sold his stupid car and had no money to invest in a home. I can rant about it forever.. So I'll be pulling all those papers out of my a$$

Why did that post 3 times...sorry

[Anastasi_i 0]

Attorney helps. I'm calling mine tomorrow and having a serious conversation about this . She should have warned me about this "rule" so that I had a chance to file everything correctly the first time and warn me about all that stuff when I was releasing him from my phone acct, closing the bank account and moving out. But again, I can't magically change the way everything happened on paperwork. So talk to your lawyer and please share the wisdom!