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AndromedaGalaxy

Responsibilities of the petitioner in Removing Conditions on Residency process

By AndromedaGalaxy in Removing Conditions on Residency General Discussion

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AndromedaGalaxy Newbie

AndromedaGalaxy   0

Posted
Filed: Other Timeline
Posted

I am the petitioner and my husband's conditional green card will expire in two months. We don't live together anymore, but are not divorced. What are my responsibilities as a petitioner in this situation? Am I obligated to file the I-751? The reason I am asking is because I'm not sure what to do in this situation when we are not living together but are not divorced either... What happens to his satus if conditions on his green card are not removed? Thank you for your input into this question.

newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted (edited)

You guys are not living together, meaning you guys are not together relationship-wise? or that you guys are just in two different places for work or something and the relationship is fine?

You are a free person. Whether you jointly file the I-751 is up to you. If the relationship is fine then of course you should jointly file the I-751. If the relationship is over, then you probably shouldn't jointly file the I-751. It is a choice, not an obligation.

As for your husband, he can remove conditions by either 1) jointly filing I-751 with you, or 2) divorcing and filing I-751 by himself (or 3. claiming you were violently abusive towards him, in which case he doesn't need to be divorced; but I am assuming that that's not relevant here). Or he can choose not to remove conditions if he wants, and his status will end.

Edited by newacct
Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

You are not the petitioner, he is. He has to petition to remove the conditions on his green card. So you have 1 of 2 choices. Either you:

1. Send a joint application to remove conditions, OR

2. Divorce and he can send a waiver application to remove conditions.

Note that unless there was the intention of immigration fraud at the beginning of the relationship that can be proven, whether or not the marriage "worked out" is irrelevant. USCIS is not in the business of marriage counseling, etc. That being said, if he does not remove the conditions in either of the above ways, he will be out of status and removal proceedings can be brought against him. You are not obligated to sign the joint application but that does not stop him from removing the conditions.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

kamw Collaborator

kamw   93

Posted
Filed: IR-1/CR-1 Visa Country: Jamaica
 Timeline
Posted

You have no part in this. It's up to him to pursue it.

Not sure if you but last answer on this post answered your question:

http://www.visajourney.com/forums/topic/560816-removing-conditions-on-residency-and-bad-marriage/#entry7761328

09/27/14 Married :content:

12/03/14 Became a US citizen :star:

. .

02/25/15 130 Petition sent

02/27/15 NOA1 date :clock:

07/23/15 NOA2 date

08/03/15 Mailed to NVC

08/07/15 NVC Received

08/19/15 Case number assigned, submitted DS-261

08/20/15 Paid AOS bill

08/25/15 Received welcome letter

08/25/15 Sent AOS & IV package

08/31/15 DS-261 reviewed

08/31/15 AOS & IV scan date confirmed by Sup.

09/02/15 Received IV bill by email

09/03/15 Paid IV bill

09/09/15 Submitted DS-260

09/17/15 Case Completed @ NVC

10/06/15 Expedite Request sent to NVC

11/12/15 Contacted Sen. Marco Rubio for assistance with expedite by email

11/19/15 Expedite Approved

12/9/15 Medical

12/11/15 Interview (Approved)

12/14/15 CEAC Status changed to AP

12/15/15 CEAC Status Changed to Issued

12/18/15 Picked up Passport & booked hubby's ticket.

12/31/15 Ring in the New Years together after 4 years!!!! :dancing:

event.png

tuckin14 Enthusiast

tuckin14   58

Posted
Filed: Timeline
Posted

If you are legally married, you can file jointly. I forget if there is a place for each of you to list your address, but if so, put your accurate address. In theory you are supposed to update your address with USCIS anytime you move although I've never heard of anyone getting adverse consequences for not doing so.

You are not required to attach a statement that you are separated, or why, or anything like that. If you were physically separated but still in a working marriage though, you probably would want to explain that.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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