I-751 Removal of Conditions, going through divorce. Evidence.

[Daniel Littleton 2]

Hi there!

 

I wanted to say first of all, thanks for taking the time to read this!

 

I am preparing my evidence for the I751 removal of conditions. My VISA runs out in March 2020 and I am able to apply for removal of conditions within the 3 months leading up to the expiry of the VISA (2 years conditional presently).

 

My biggest issue is the evidence. I have the evidence from the previous application & we separated in December of 2018.

 

Does the age of evidence come into play at all? As we had already really started to separate at that time and what not. So having any recent evidence of marriage would not of course exist.

 

It is a little confusing and worrying, so Im wondering what kind of evidence other I751 waiver petitioners supplied, or forms of support.

 

Thanks so much in advance!

 

Daniel

 

 

[HRQX 4,145]

24 minutes ago, Daniel Littleton said:

the expiry of the VISA (2 years conditional presently).

Green card, not "visa."

25 minutes ago, Daniel Littleton said:

My biggest issue is the evidence. I have the evidence from the previous application & we separated in December of 2018.

Submit what you have. When the divorce is finalized you should switch to a divorce waiver.

[Daniel Littleton 2]

Sorry visa.

 

Well the divorce is underway. Ill be filing a waiver.

 

Its not due yet, Im just forward planning. Im looking for advice regarding what others have submitted in terms of the waiver and such

[mister-love 31]

Just submit all the evidences that you have with the divorce decree.

Don't forget to write a letter explaining the circumstances of the divorce, its very impotent!!

we filed jointly and while case pending the divorce was finalized, so i sent a copy with a long letter i wrote myself with all the details from first day we did meet. 

[mindthegap 2,590]

Send it as soon as you are divorced.

The 90 day window only applies to joint filings - with a divorce waiver you can file at any time. It isn't like there is going to be any additional co-mingling evidence created after the divorce is it, so get it in as soon as the divorce is final.

Any evidence you have, include it. They will be most interested in evidence from date of gaining permanent residence ('resident from' date on your card) to present but anything of any age will be useful in building a complete picture.

 

Also, VISA is a credit card. You are a lawful (conditional) permanent resident, and not in the US on a visa.

Edited August 19, 2019 by mindthegap

[Daniel Littleton 2]

4 hours ago, mindthegap said:

Send it as soon as you are divorced.

The 90 day window only applies to joint filings - with a divorce waiver you can file at any time. It isn't like there is going to be any additional co-mingling evidence created after the divorce is it, so get it in as soon as the divorce is final.

Any evidence you have, include it. They will be most interested in evidence from date of gaining permanent residence ('resident from' date on your card) to present but anything of any age will be useful in building a complete picture.

 

Also, VISA is a credit card. You are a lawful (conditional) permanent resident, and not in the US on a visa.

Yea excuse the incorrect usage of terminology there!

 

Awww, so with the divorce I can indeed file any time! Thats interesting!

[*FishF00D* 45]

On 8/19/2019 at 4:48 PM, Daniel Littleton said:

Awww, so with the divorce I can indeed file any time! Thats interesting!

I'm in the same situation and have heard the same thing - though my immigration attorney informed me that while filing late via divorce waiver may not negatively affect residency status, it does affect work eligibility. According to her, if your Green Card lapses, then you aren't eligible to continue working in the US until the ROC is filed and you've received the NOA.

Does anyone else have feedback on work eligibility in relation to the ROC process?

[Daniel Littleton 2]

H

On 8/22/2019 at 1:12 PM, Charlene/Neale said:

I'm in the same situation and have heard the same thing - though my immigration attorney informed me that while filing late via divorce waiver may not negatively affect residency status, it does affect work eligibility. According to her, if your Green Card lapses, then you aren't eligible to continue working in the US until the ROC is filed and you've received the NOA.

Does anyone else have feedback on work eligibility in relation to the ROC process?

Hi Charlene!

 

So sorry to hear about your situation.

 

Im not due to send in the Waiver as of yet, my Greencard of two years isnt up until March 2020, but I wanted to get the ball rolling now.

 

My main concern is evidence, if the previous evidence is good enough to resubmit or if I need more etc.

 

Not working would be an interesting issue thats for sure.

 

Wondered if you have already filed?

 

 

 

 

[*FishF00D* 45]

16 hours ago, Daniel Littleton said:

My main concern is evidence, if the previous evidence is good enough to resubmit or if I need more etc.

 

I'll be filing this upcoming week!

What USCIS wants to see is evidence proving that you co-mingled your lives and have a genuine relationship from the time you got married onward - but particularly from the time you got your Green Card. Consider; if someone were committing marriage fraud maybe they'd have evidence of a good faith relationship up to the point of getting your Green Card and then let things slide.

You're going to want to submit a bulk of new evidence!

[mindthegap 2,590]

On 8/22/2019 at 4:12 PM, Charlene/Neale said:

I'm in the same situation and have heard the same thing - though my immigration attorney informed me that while filing late via divorce waiver may not negatively affect residency status, it does affect work eligibility. According to her, if your Green Card lapses, then you aren't eligible to continue working in the US until the ROC is filed and you've received the NOA.

Get a new attorney - this is not correct.

 

 

 

[Envié 1]

mindthegap, Hello there ! 
Hope you doing all good , I saw ur nice very well explained’ comments in I751 group & wanted to tell u about my case !
I’ve initially filed with divorcecourt’ papers  pending May/ 2018 , around 4 or 5 months later I’ve sent out to uscis in California center my final divorce decree & Bio has been done March/2019 , since then still waiting !! 
My concerns are that I’ve included in my package a printed texting that my ex wife have asked me to give her 500 each month along of next ten years in order to file jointly with me our I751 , also she said she won’t divorce me becouse it won’t help her to get good taxes return as single as it helps as being married ! All of these drove me mad & decided to file for divorce by myself ! Anyway our relationship was all the way awesome until financial troubles started as was working two jobs meanwhile she was sitting and enjoying time with her son&daughter whom later also started creating me troubles by insulting my race my country my family etc..., anyway my other concern is that I’ve also included printed PayPal showing I was sending her money lately before divorce as last amount was sent in order to pay rent and file jointly our i751 which ultimately I ended up doing it by myself ! So we didn’t have joint bank account all the time we being married since 2014 , cuz she has bankcrupcey as she used to withdraw money using my card and going with me cashing my checks and taking all the money since I was only following her and don’t say anything ! Yeah I loved her a lot and still love her but I realized I couldn’t ve continue living with her once our relationship turned out to be sick more and more ! 
Now I’m thinking if uscis will contact her or investigate things out cuz we are not talking now as lately she used to message me that I must leave USA and I’m done here and I scammed her and and ....i wasn’t responding to any of her words , I’m confident about telling truth to immigration in all outcomes , also I think sometimes what uscis will see her as the one who committed fraud ! Anyway as other evidences I’ve included Many photos , tax return , car title & insurance in common names , bills , messages and texts , divorce decree and a letter explains circumstances that lead us to broke down ! 
By the way I’ve cams to the US first time thru k1 visa , lived with my wife almost a year then left in the middle of adjustment of status ! I was patient enough to cope with life here as I wanted her to live with me in my home country , also I couldn’t tolerate her children in that time ! Later after stay home more than a year we kept contact and we regretted each other as I returned to the US with CR1 visa which was granted since we kept married , from there I live with her almost two years before divorce and the rest of my story filing to remove conditions in order to stand up again  if God wants 
Thank you in advance for reading

Edited September 2, 2019 by Envié

[Back2Reality 55]

On 8/22/2019 at 4:12 PM, Charlene/Neale said:

I'm in the same situation and have heard the same thing - though my immigration attorney informed me that while filing late via divorce waiver may not negatively affect residency status, it does affect work eligibility. According to her, if your Green Card lapses, then you aren't eligible to continue working in the US until the ROC is filed and you've received the NOA.

Does anyone else have feedback on work eligibility in relation to the ROC process?

you attorney is wrong. If you are already employed, your current employer should NOT need to reverify you per the DHS's E-verify communications. Conditional Green Cards don't need to be reverified after their expiration date once they are verified. However, if you are applying for a new job, then you do need a stamp or extension later with your CGC to be verified (unless you have unconditional SSN with Active ID).

 

I'd attach you a link for the E-verify roles for CGC holders, but I can't find the link.

 

Long story short, you are fine, you can keep your job. Just try to apply on time, and consider the insane processing time for I-751, you should be able to submit your decree by the time you get the RFE