2 year wait to remove conditions

[cew 0]

I met and married my husband while I was working here in the US on a visa. My visa expired while I was in the greencard process and now I am totally reliant on my husband for my greencard.

I have my interview in 3 weeks. I just found out he is having an affair. We are going through with the interview so I will get my greencard in 3 weeks, but, I am pretending all is ok, and I want to work on this marriage etc, to make sure he goes through with it. Truth is, I want to leave him asap, I hate him right now, and if he wasn't my sponser I would be long gone.

Is there any way out of the 2 year wait if he is being unfaithful, or do I have to stay in this sham of a marriage and pretend everything is ok for 2 whole years? I am so trapped right now, any advice would be most welcome. For what its worth, this was a real marriage, I would never have done this for a GC, but now I am this far in, I am not going to lose it.

Thank you,

[YuAndDan 153]

You need to first get conditional LPR Status.

You can have the Joint filing condition wavered for lifting the conditions if divorced, however they do look at the length of marriage and other circumstances, they can deny lifting conditions, if they think that all the original marriage was just to get a green-card.

Filing after Divorce or Annulment

A conditional permanent resident with a marriage that was terminated due to divorce or annulment must file for a waiver of the requirement of the joint filing of Form I-751. To obtain an approval of the I-751 and be granted unconditional lawful permanent resident status, the conditional permanent resident spouse must be able to show that s/he entered into the marriage in good faith.

The person seeking permanent resident status should expect to undergo an interview at the USCIS about the marriage. The USCIS will closely scrutinize whether the marriage was bona fide at its inception. The USCIS will review the divorce decree and complaint for matters that may be reflective of whether the marriage was entered into purely for immigration purposes or to perpetrate fraud against the United States citizen spouse or the USCIS.

http://www.murthy.com/news/n_remcon.html

[malmark 0]

I am not an expert but do you think they will also want to see that she has more ties/reason to stay here than go back to her own country? like property or job or whatever?

[john_and_marlene 162]

I am not an expert but do you think they will also want to see that she has more ties/reason to stay here than go back to her own country? like property or job or whatever?

Those are not issues considered when determining if she can file to lift conditions separately.

[Mononoke28 135]

I know it's a tough situation but if I were you, I would stick to it until I got my 10 year card in my hands. If the US is the place where you want to live and you were in a real marriage, it's a shame to have to leave because you didn't wait a while to get it. You don't have a timeline so I don't know how much more time you have left.

I totally understand that this is a very personal decision and I hope you choose well.

Best wishes,

Diana

[Clarky and Tarah 0]

I am so sorry to hear about your situation:(. I can't give information on the green-card bit because I'm not that far yet, but I just wanted to say that I'm so sorry this happened to you. I hope everything works out for the best.

[cew 0]

I dont know about timelines etc, but I have my interview in 3 weeks for my greencard, then I understood I had to wait another 2 years until it was truely mine, without needing my husband. It was a genuine marriage, although I dont know how to prove this, other than trips, photos, emails, two wedding ceremonies etc.

I will wait out the 2 years pretending I dont know/care about the affair if I have too, I have been here in the US for nearly 3 years, and have great friends/job etc that I dont want to give up, but I would love to leave him if I could, I would never let someone treat me like this if I wasn't trapped.

[rwj 0]

So sorry to hear that - it's a tough situation, especially when most of your support network is probably far away right now. I think for the greencard interview, I would do the same as what you're thinking - go ahead as planned, get this first step out of the way.

Then, I would recommend reading the I-751 "Removal of conditions" form instructions (on USCIS webiste/forms). They're pretty clear that in 2 years you have a choice:

* File jointly, if the marriage is still intact, OR

* File on your own, if you have separated.

If you do separate, you'd need to prove that the original marriage was genuine, entered into in good faith and not for the purposes of getting a green card. It might be hard to prove that if you separate straight away after the interview, but start collecting evidence! Anything that shows the two of you living right now as husband and wife. Are you thinking about trying to work it out with him? See a marriage counsellor. Keep documentation of your appointments. In 2 years, whether your marriage works or not, the marriage counsellor would be a great person to write an affadavit for you about the circumstances of your genuine marriage, the affair, and whatever happens next.

Personally, if my husband cheated on me? I would have no reason to be in US so i'd go back to my life in Australia very happily. But it's your life and your circumstances are your own. You've come this far in the immigration process - if you really want to stay in the US, right now you just need to take care of whatever it is that you need to do for yourself and the rest of your life.

All the best to you with whatever you choose.

[YuAndDan 153]

Then, I would recommend reading the I-751 "Removal of conditions" form instructions (on USCIS webiste/forms). They're pretty clear that in 2 years you have a choice:

* File jointly, if the marriage is still intact, OR

* File on your own, if you have separated.

If you do separate, you'd need to prove that the original marriage was genuine, entered into in good faith and not for the purposes of getting a green card. It might be hard to prove that if you separate straight away after the interview, but start collecting evidence! Anything that shows the two of you living right now as husband and wife. Are you thinking about trying to work it out with him? See a marriage counsellor. Keep documentation of your appointments. In 2 years, whether your marriage works or not, the marriage counsellor would be a great person to write an affadavit for you about the circumstances of your genuine marriage, the affair, and whatever happens next.

Personally, if my husband cheated on me? I would have no reason to be in US so i'd go back to my life in Australia very happily. But it's your life and your circumstances are your own. You've come this far in the immigration process - if you really want to stay in the US, right now you just need to take care of whatever it is that you need to do for yourself and the rest of your life.

All the best to you with whatever you choose.

Needs to be divorced or annulled in order to waive the joint filing requirement, if only separated, it has to be filed jointly, with limited exception.

Filing if the Couple is Separated

More troublesome is if the couple is still married, but separated or otherwise not getting along. With limited exception, as long as the couple is legally married, it is necessary to have a joint petition. Thus, troubled marriages often need either to be reconciled or terminated in order to file the I-751. As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however.

http://www.murthy.com/news/n_remcon.html

[cew 0]

Thank you so much for all your help.

I did book us in to see a marriage therapist, and he told my husband exactly what I did, 'you cannot be friends with your ex if she is still in love with you' but he cannot let her go, so thats that.

Maybe I should book some more therapy though, so that the doctor can write a letter to say that I tried, and that the marriage was real, thats a good idea.

I wonder how often people are sucsessful in filing alone and getting an unconditional greencard?

I guess the next two years are going to go very slowly for me....

[R751 0]

I met and married my husband while I was working here in the US on a visa. My visa expired while I was in the greencard process and now I am totally reliant on my husband for my greencard.

I have my interview in 3 weeks. I just found out he is having an affair. We are going through with the interview so I will get my greencard in 3 weeks, but, I am pretending all is ok, and I want to work on this marriage etc, to make sure he goes through with it. Truth is, I want to leave him asap, I hate him right now, and if he wasn't my sponser I would be long gone.

Is there any way out of the 2 year wait if he is being unfaithful, or do I have to stay in this sham of a marriage and pretend everything is ok for 2 whole years? I am so trapped right now, any advice would be most welcome. For what its worth, this was a real marriage, I would never have done this for a GC, but now I am this far in, I am not going to lose it.

Thank you,

Sorry to hear about your situation but don't you think you are commiting fraud by lying in front of immigration officer, USCIS and US govt? IMO, if you feel that your situtaion might improve, ask USCIS to postpone the interview.

If you divorce him after getting conditional GC, you can apply for "removal of conditions" anytime on basis of "good faith waiver". You need not to wait for 2 years.

Edited July 23, 2007 by R751

[diadromous mermaid 36]

Thank you so much for all your help.

I did book us in to see a marriage therapist, and he told my husband exactly what I did, 'you cannot be friends with your ex if she is still in love with you' but he cannot let her go, so thats that.

Maybe I should book some more therapy though, so that the doctor can write a letter to say that I tried, and that the marriage was real, thats a good idea.

I wonder how often people are sucsessful in filing alone and getting an unconditional greencard?

I guess the next two years are going to go very slowly for me....

What state to do you live in?

[Magnolia31 0]

I met and married my husband while I was working here in the US on a visa. My visa expired while I was in the greencard process and now I am totally reliant on my husband for my greencard.

I have my interview in 3 weeks. I just found out he is having an affair. We are going through with the interview so I will get my greencard in 3 weeks, but, I am pretending all is ok, and I want to work on this marriage etc, to make sure he goes through with it. Truth is, I want to leave him asap, I hate him right now, and if he wasn't my sponser I would be long gone.

Is there any way out of the 2 year wait if he is being unfaithful, or do I have to stay in this sham of a marriage and pretend everything is ok for 2 whole years? I am so trapped right now, any advice would be most welcome. For what its worth, this was a real marriage, I would never have done this for a GC, but now I am this far in, I am not going to lose it.

Thank you,

Sorry to hear about your situation but don't you think you are commiting fraud by lying in front of immigration officer, USCIS and US govt? IMO, if you feel that your situtaion might improve, ask USCIS to postpone the interview.

If you divorce him after getting conditional GC, you can apply for "removal of conditions" anytime on basis of "good faith waiver". You need not to wait for 2 years.

<<Sorry to hear about your situation but don't you think you are commiting fraud by lying in front of immigration officer, USCIS and US govt?>>

[maya62 7]

I wonder what happens if a couple goes to an AOS interview and admits that they are having problems in the marriage and tells the AO that they are seeking counseling, but may end up splitting up...

... anyone know of such a situation? How was it adjudicated?

Curious.

Maya

[john_and_marlene 162]

I wonder what happens if a couple goes to an AOS interview and admits that they are having problems in the marriage and tells the AO that they are seeking counseling, but may end up splitting up...

... anyone know of such a situation? How was it adjudicated?

Curious.

Maya

I would expect it to be approved. The purpose of the conditional period is to make it more difficult to marry purely for immigrantion. They are looking to see if the marriage is bonafide--not whether it is a good marriage. The indication that they will seek counseling shows that the marriage is bonafide albeit bad.