US husband wants to leave me a month before removal of conditions

[Boiler 45,728]

2 hours ago, Ijndchyke said:

You can actually file a month in advance. I believe its 30 days prior. Check online but I believe so. The early the better. 

Not a good idea to be making suggestions when you clearly do not have an understanding of the situation and there is already lots of good info on VJ .

[Brother Hesekiel 2,236]

I'm a bit shocked about the inadequate advice given to you.

 

There's only one way forward, and I'll outline it for you.

 

Understand that there are only 2 ways to remove conditions:

 

1) JOINTLY, when happily married, living under one roof

2) SINGULARLY, when divorced.

 

Based on your post, you do not fit into either of the two categories, and unlike you live in a state where you can divorced as quickly as Elvis can marry you in a Las Vegas chapel, you won't be able to do this for some time.

 

So without me having to type like there's no tomorrow, here's how you'll have to proceed:

 

1) File for divorce tomorrow morning. Have your husband served.

2) File the I-751 alone 7 to 9 days before your Green Card expires. Do it via certified mail and return receipt. Do NOT file later than that. Do NOT let your residency expire. A couple of weeks afterward, you'll receive your extension letter in the mail.

3) About a month after you submitted your application, an I.O. will go through your application and notice that you did not enclose a divorce decree, resulting in an RFE for this. Usually, you'll get about 90 days to respond.

4) If your divorce has not been finalized by then, you'll get a one-on-one date with an immigration judge. Usually, that also takes a month to three months. That's when you'll need the help of an immigration attorney. It will cost you about $1K (Sorry). At that appointment, your attorney will ask the judge to suspend proceedings 'til your divorce is final. In almost ALL circumstances the judge will sign off on this.

5) Once your divorce is final, you'll be forwarding the divorce decree to the USCIS, after which they can adjudicate your I-751. Shortly after you should receive your unrestricted, 10-year Green Card.

 

[Boiler 45,728]

2 minutes ago, Brother Hesekiel said:

I'm a bit shocked about the inadequate advice given to you.

 

There's only one way forward, and I'll outline it for you.

 

Understand that there are only 2 ways to remove conditions:

 

1) JOINTLY, when happily married, living under one roof

2) SINGULARLY, when divorced.

 

Based on your post, you do not fit into either of the two categories, and unlike you live in a state where you can divorced as quickly as Elvis can marry you in a Las Vegas chapel, you won't be able to do this for some time.

 

So without me having to type like there's no tomorrow, here's how you'll have to proceed:

 

1) File for divorce tomorrow morning. Have your husband served.

2) File the I-751 alone 7 to 9 days before your Green Card expires. Do it via certified mail and return receipt. Do NOT file later than that. Do NOT let your residency expire. A couple of weeks afterward, you'll receive your extension letter in the mail.

3) About a month after you submitted your application, an I.O. will go through your application and notice that you did not enclose a divorce decree, resulting in an RFE for this. Usually, you'll get about 90 days to respond.

4) If your divorce has not been finalized by then, you'll get a one-on-one date with an immigration judge. Usually, that also takes a month to three months. That's when you'll need the help of an immigration attorney. It will cost you about $1K (Sorry). At that appointment, your attorney will ask the judge to suspend proceedings 'til your divorce is final. In almost ALL circumstances the judge will sign off on this.

5) Once your divorce is final, you'll be forwarding the divorce decree to the USCIS, after which they can adjudicate your I-751. Shortly after you should receive your unrestricted, 10-year Green Card.

 

It is seemingly standard practice when a divorce is proceeding for processing to be delayed , I am sure an IJ would rip them a new one if they wasted Court time on such a issue.

[mindthegap 2,590]

On 2/14/2018 at 11:45 PM, Marrienne said:

So if I file now, a month before I am supposed to do ROC, won't that be suspicious?

You should know that if filing with a divorce waiver you can file at any time between gaining permanent residence and a final order of removal from the US (which would have to come from an immigration judge) - you do not have to file in the 90 day period preceding expiry of the two year card as you do if filing jointly. This is clearly stated in the I-751 instructions.

Whichever way you do this, it may result in notice of denial and a NTA (notice to appear) for a hearing with an immigration judge, but you remain a lawful permanent resident until status is stripped by an immigration judge. 

 

You do not have to be divorced to file with a waiver, but you must be fully divorced and in receipt of a final decree in order for the I-751 waiver to be approved.  Waiver I-751s are adjudicated on the evidence provided, just the same as a joint filing. The USC spouse is not part of a waiver filing and will not have to attend any interview.

 

Some of this may be daunting but is sadly part of the process if in such a situation. Don't worry - you have rights and are entitled to due process. Thankfully spouses aren't amazon packages with a return policy.

 

 

 

Edited February 16, 2018 by mindthegap

[Russ&Caro 1,549]

Really sad to hear this, Marienne. You have support within this forum because you've connected with many here via the stories you've told of your immigration. As others have stated, with a divorce and a waiver filed with your ROC application you will be able to stay. Take care of yourself and your child. I wish the best for you.

[Marrienne 113]

Thank you everybody for your time. 

 

Let me clarify a few things: We have been together for 6 years but married for less than 2.

We got married prior to starting the visa application as he didn't have a green card for Greece so that took a while.

That is why I have a CR1

 

Would it make any difference to present evidence of him not being mentally ok?

I have a ton of medical paperwork including institution admissions and 911 calls and police calls (when he was threatening to kill himself).

And drug abuse too.

[Marrienne 113]

Also my card expires July 18th. I need to file March 18th.

[Mollie09 1,543]

12 minutes ago, Marrienne said:

Also my card expires July 18th. I need to file March 18th.

You don't need to file on March 18th or any time (also, it's 90 days, not 4 months)

You should file before the card expires, with a divorce waiver, as has been suggested above.

[Mollie09 1,543]

16 minutes ago, Marrienne said:

Would it make any difference to present evidence of him not being mentally ok?

I have a ton of medical paperwork including institution admissions and 911 calls and police calls (when he was threatening to kill himself).

And drug abuse too.

 

If you're filing with a divorce waiver, the only thing that matters is the proof that you entered the marriage in good faith and not for immigration benefits. Unless you're filing for the abuse waiver, evidence of why the marriage broke down won't really factor in.

[Lemonslice 4,915]

16 minutes ago, Marrienne said:

Also my card expires July 18th. I need to file March 18th.

You can file anytime between April 19 and July 18 - 90 days before expiry. 

[Mollie09 1,543]

4 minutes ago, Lemonslice said:

You can file anytime between April 19 and July 18 - 90 days before expiry. 

Divorce waivers can file any time, including before the 90-day window opens. Not sure why OP would want to do that, since more time might get her closer to a finalized divorce, but good to mention.

[Marrienne 113]

Michigan has a 6 month wait for a divorce when children are involved so even if I filed today, it wouldn't be final until September.

 

How can I file for removal of conditions with a pending divorce, ya know?

[Lemonslice 4,915]

21 minutes ago, Mollie09 said:

Divorce waivers can file any time, including before the 90-day window opens. Not sure why OP would want to do that, since more time might get her closer to a finalized divorce, but good to mention.

I don't see the divorce being finalized before April...

[Mollie09 1,543]

58 minutes ago, Lemonslice said:

I don't see the divorce being finalized before April...

Divorce doesn't need to be finalized to file a divorce waiver. 

[EM_Vandaveer 2,408]

7 hours ago, Marrienne said:

Michigan has a 6 month wait for a divorce when children are involved so even if I filed today, it wouldn't be final until September.

 

How can I file for removal of conditions with a pending divorce, ya know?

As others correctly stated, you can file a divorce waiver with a pending divorce. It can only be approved once the divorce is final and you have provided USCIS with the divorce decree, but it can be filed while it's pending. I-751s take a long time to process. If you file for divorce ASAP and file your I-751 close to your GC expiration date, it's very possible that by the time they get to your application and issue an RFE for the divorce decree, you'll be divorced and be able to send it (you are usually given 89 days to respond to an RFE). Thus you would avoid having to go to immigration court. IF you file for divorce ASAP.