Removal of condition DENIED

[belinda63 3,033]

The whole problem is no matter what route you chose to try you will have to prove a bonafide marriage. You have failed to do that twice already. It will be really hard if not impossible to prove it now.

[Pinkrlion 2,714]

Timeline:

Aug 2010 arrival in the US

Spent 11months with my husband since arrival.

Went back abroad for 11months

Came back for 1month

Spent another 11months waiting for the process for child's visa and dealt with health problem.

So by 2013 me and my child came here together.

Lived together with my husband.

From 2013, 2014, and until july 2015.

I would seek a lawyer, you technically abandoned your green card. That is probably why u had an interview, and why they deemed your marriage not bonafide. You were not living together as a couple during the 2 year period.

[T1000 1]

It must to be a real hard time for u. I'm sorry. Things are not easy for all of us when it comes to GC. Sometimes it is not one's primary concern to collect evidences in between an illness , a abusive relationship and having a child far away to take care of. I wish you the best. I hope you can get some peace after all of that.

[Mick and Anabel 1]

You should hire a lawyer. If you are a battered wife you must have evidence like a police report.

[mananto 36]

You need a lawyer. You are far beyond what a DIY forum can do for you.

Don't get your hopes up. You have a weak case.

There is no need for such comments. Who are you to take someone's hope away? There are ways out trust me but i will inbox her. smh...

[mananto 36]

Even claiming abuse is going to be difficult. A decision has already been made that this was not a legitimate marriage and that is required even with a domestic violence waiver. You really, really need an attorney.

She can file for extreme hardship waiver which does not need bonafides of marriage. Especially with her illness. That alone coupled by showing she will not be able to get the adequate medical help in her home country is adequate all by itself. She needs a lawyer.

Edited October 12, 2015 by mananto

[Hypnos 6,576]

There is no need for such comments. Who are you to take someone's hope away? There are ways out trust me but i will inbox her. smh...

This forum is for practical advice based on member experience and knowledge of the law. If the OP wants hope I'm sure there are many churches and other religious establishments close to them to serve that purpose.

[mananto 36]

The whole problem is no matter what route you chose to try you will have to prove a bonafide marriage. You have failed to do that twice already. It will be really hard if not impossible to prove it now.

Not on extreme hardship though. They don't even ask you about your marriage but you have to be divorced.

[Hypnos 6,576]

If you are only willing to PM your advice to someone instead of posting it here for peer review then I'm not sure how good/legal it can be.

Edited October 12, 2015 by Hypnos

[Hypnos 6,576]

I'm afraid I don't believe in sugarcoating ugly truths.

The OP is going to have a very uphill battle and needs legal representation. That is the long and the short of this.

If you have some advice for her then I'm sure we'd all love to hear it so anyone in a comparable situation will have the benefit of any experience and knowledge you have.

[Boiler 45,411]

There is no need for such comments. Who are you to take someone's hope away? There are ways out trust me but i will inbox her. smh...

I am intrigued, you are breaking new legal ground, please share with the rest of us.

[Cheezees 1,514]

I am intrigued, you are breaking new legal ground, please share with the rest of us.

I would also love to know these legal precedents. USCIS already said no TWICE. Please share so that we can enlighten others in similar situations.

[belinda63 3,033]

http://www.uscis.gov/iframe/ilink/docView/FR/HTML/FR/0-0-0-1/0-0-0-42380/0-0-0-44857/0-0-0-47481/0-0-0-47683.html link to the factors to be considered for extreme hardship to prevent removal.

(1) the age of the alien, both at the time of entry to the United States and at the time of application for suspension of deportation; (2) the age, number, and immigration status of the alien's children an d their ability to speak the native language and adjust to life in another country; (3) the health condition of the alien or the alien's child, spouse, or parent and the availability of any required medical treatment in the country to which the alien would be returned; (4) the alien's ability to obtain employment in the country to which the alien would be returned; (5) the length of residence in the United States; (6) the existence of other family members who will be legally residing in the United States; ( 7) the financial impact of the alien's departure; (8) the impact of a disruption of educational opportunities; (9) the psychological impact of the alien's deportation or removal; (10) the current political and economic conditions in the country to which the alien would be returned; (11) family and other ties to the country to which the alien would be returned; (12) contributions to and ties to a community in the United States, including the degree of integration into society; (13) immigration history, inclu ding authorized residence in the United States; and (14) the availability of other means of adjusting to permanent resident status.

[TBoneTX 45,155]

Some noncontributory posts have been removed, along with posts that quoted the removed material.

[nane1104 146]

Not only am I confused by your timeline but also I feel like you, OP, need to come up with some solid responses to a lot of questions. For example, you stated you stayed in your home country for medical treatment because it is cheaper there than in the US. Makes sense, but now you are also saying you want to stay in the US because of the healthcare you can receive.

If I was the judge, I'd feel like you are picking the explanations that you feel fit best for particular situations but in the big picture, they are contradictory.