Removing condition, while going through a painful seperation

[tuckin14 58]

Let's roll this back...

If your 2-year GC expires in December, you must file for Removal of Conditions within the 90 days before it expires - this limit is very strict. If it expires on December 21, you must file between September 22 and December 21.

If your wife will not file jointly with you, then you must file with a divorce waiver. You must produce a divorce decree or you will be denied. In practice the timeline is this: You will file (probably not having the divorce decree yet), then at some point USCIS will send a Request for Evidence saying "Where is the divorce decree?" You have 87 days to respond to that. There is no way to tell how long the RFE will take, but say it takes 3 months, then you have 6 months from the filing date to produce it. In practice, in your case, it is probably best to wait until late in the filing window to file, but make sure it does in fact get to USCIS on time.

It is possible that even if you don't have the divorce decree, that you might get an extension from an immigration judge. I'm not 100% sure how that works, but if you are denied by USCIS and you have the divorce decree by the time you go to the removal hearing, the IJ might vacate the denial and have USCIS reopen it.

So it is probably in your best interest to file for divorce ASAP.

No matter what, you have to prove the marriage was entered into in good faith. (By you, not by your wife.) There are many other threads on this subject, but the main issues are:

1) Did you live together?

2) Did you co-mingle your finances? (Seems to be less important than it used to be.)

Other significant items:

3) Did you have children together. You did, this will be a big factor in your favor.

4) Did you do things as a couple? Go to family gatherings, travel, go to work functions, have pictures taken together?

[onye uwaoma 131]

Let's roll this back...

If your 2-year GC expires in December, you must file for Removal of Conditions within the 90 days before it expires - this limit is very strict. If it expires on December 21, you must file between September 22 and December 21.

If your wife will not file jointly with you, then you must file with a divorce waiver. You must produce a divorce decree or you will be denied. In practice the timeline is this: You will file (probably not having the divorce decree yet), then at some point USCIS will send a Request for Evidence saying "Where is the divorce decree?" You have 87 days to respond to that. There is no way to tell how long the RFE will take, but say it takes 3 months, then you have 6 months from the filing date to produce it. In practice, in your case, it is probably best to wait until late in the filing window to file, but make sure it does in fact get to USCIS on time.

It is possible that even if you don't have the divorce decree, that you might get an extension from an immigration judge. I'm not 100% sure how that works, but if you are denied by USCIS and you have the divorce decree by the time you go to the removal hearing, the IJ might vacate the denial and have USCIS reopen it.

So it is probably in your best interest to file for divorce ASAP.

No matter what, you have to prove the marriage was entered into in good faith. (By you, not by your wife.) There are many other threads on this subject, but the main issues are:

1) Did you live together?

2) Did you co-mingle your finances? (Seems to be less important than it used to be.)

Other significant items:

3) Did you have children together. You did, this will be a big factor in your favor.

4) Did you do things as a couple? Go to family gatherings, travel, go to work functions, have pictures taken together?

Well detailed explanation...