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cew

2 year wait to remove conditions

By cew in Effects of Major Family Changes on Immigration Benefits

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wildestkabs Explorer

wildestkabs   0

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted
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?

You got into the marriage in good faith, but what you are planning to do now, borders on fraud.

I would recommend a one time consultation with an attorney. If you do get the conditional GC, my advice would be to not prolong the agony, get divorced, and when the time comes, file on your own. Theres plenty of people who file that way (including yours truly, though I am still awaiing a decision) and get approved.

Don't lie to USCIS and don't "pretend" to be in a succesful marriage. If they find out that you lied to them, it will hurt you big time.

"Wild"

Disclaimer: I am not an attorney and I don't give legal advice.

01/29/2011 - Expressed interest through www.shaadi.com

01/30/2011 - Interest accepted. :)

05/23/2011 - Got married in New Delhi, India

07/16/2011 - I-130 filed.

07/18/2011 - I-130 delivered at the Chicago Lockbox.

07/19/2011 - NOA-1.

07/21/2011 - USCIS text notification of acceptance of the I-130.

07/22/2011 - Check for $420 cashed.

08/04/2011 - Touched.

02/03/2012 - Received I-130 approval notification via text and email. Website updated as well.

02/08/2012 - Received NOA-2 hard copy.

02/17/2012 - NVC generated case #.

02/17/2012 - DS-3032 and AOS bill generated.

02/22/2012 - AOS fee bill paid online.

02/23/2012 - DS-3032 emailed.

02/23/2012 - AOS fee bill cleared, IVR updated.

02/24/2012 - Received 'We have received your DS-3032 email from NVC.'

02/25/2012 - AOS Packet mailed.

02/27/2012 - IV Fee Bill generated.

02/28/2012 - 'Item missing in AOS Packet'. NVC mails out letter.

03/01/2012 - IV Fee Bill Paid (Status 'IN PROCESS')

wildestkabs Explorer

wildestkabs   0

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted
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?

Thats all one and the same thing.

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.

You mean more like - she does not need to wait for the 90 day window.

"Wild"

Disclaimer: I am not an attorney and I don't give legal advice.

01/29/2011 - Expressed interest through www.shaadi.com

01/30/2011 - Interest accepted. :)

05/23/2011 - Got married in New Delhi, India

07/16/2011 - I-130 filed.

07/18/2011 - I-130 delivered at the Chicago Lockbox.

07/19/2011 - NOA-1.

07/21/2011 - USCIS text notification of acceptance of the I-130.

07/22/2011 - Check for $420 cashed.

08/04/2011 - Touched.

02/03/2012 - Received I-130 approval notification via text and email. Website updated as well.

02/08/2012 - Received NOA-2 hard copy.

02/17/2012 - NVC generated case #.

02/17/2012 - DS-3032 and AOS bill generated.

02/22/2012 - AOS fee bill paid online.

02/23/2012 - DS-3032 emailed.

02/23/2012 - AOS fee bill cleared, IVR updated.

02/24/2012 - Received 'We have received your DS-3032 email from NVC.'

02/25/2012 - AOS Packet mailed.

02/27/2012 - IV Fee Bill generated.

02/28/2012 - 'Item missing in AOS Packet'. NVC mails out letter.

03/01/2012 - IV Fee Bill Paid (Status 'IN PROCESS')

Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted (edited)

cew,

Get the greencard then have two legal consultations - one with a divorce attorney and one with an immigration attorney. See if you can find attorneys who know and consult with each other - there may be things that are helpful for one case but detrimental to the other, some tradeoffs in strategies may have to be made based on your personal needs and priorities.

rwj makes a good suggestion to start studying the I-751 and required supporting documentation now.

Yodrak

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.

Edited by Yodrak
 
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