Removal of Conditions with Divorce Waiver

[Adam2658 0]

Hi there,

 

My soon to be ex wife and I are currently in the process of finalizing our divorce. We've been together since 2016, got married in 2020 and filed for my CPR from a K1. Since we've moved in together, we've started to grow in opposite directions, and I've seen a different person in her as she also has in me. Our connection has worn off, let alone our friendship, which was the bedrock of our foundation. Our marriage isn't fixable at this point, and not a good idea for either of us long term

 

In August, I will be removing conditions with the divorce waiver. I no longer have most of the proof that our marriage was bonafide. She kept all our documents so I'm not able to provide other forms of proof like our ex joint bank account, or us filing for our taxes together the last 2 years. I just have a few pictures of us on date nights, attending various friends' weddings, and us being goofy in bed together (though I don't think that would be necessary). There's also email exchanges cc'ed with our lawyer discussing divorce stuff.

 

I remember for my CPR interview, the officer asked us a few basic questions and told us that our case was basically approved before we walked in the interview (she had a giant folder stacked in front of her, which I assume was ours). 

 

I'm not sure what to expect from the interview to remove conditions, or what kind of questions would be asked.

 

My questions are:

 

1) Are there other factors that go into consideration such as job title, credit score, etc that would determine removal of conditions? I haven't really been successful in finding a career job as of yet

 

2) What should I expect at the interview? Will they ask me personal questions about our relationship? I don't mind but I just would like to be prepared. 

 

3) Is there anything about the interview or removal of conditions that I should be aware of?

 

Thanks

 

-Adam

 

 

[Allaboutwaiting 2,503]

I guess you mean you will file the case this August? 

 

If so, you need to get those documents and send them with your form. A few pictures and conversations about divorce have basically zero value. 

 

Even filing with a divorce waiver, sending evidence of a bonafide marriage is required. 

[JeanneAdil 6,489]

your name is on  the joint bank account so go to bank and ask for statements/they will probably charge a fee per page but its worth it

 

IRS tax transcipts If filed joint are also available to u / use your SS # online to get a copy from IRS

[OldUser 6,613]

Hi @Adam2658 sorry to hear about your marriage that didn't work out.

 

Evidence that you currently have is not sufficient to get I-751 approved.

 

0. You'll need to know when divorce is finalized. You will be asked to produce divorce decree for I-751. Whether it's submitted with initial filing or as a response to RFE doesn't matter much. Better to include with initial filing of course.

1. USCIS will want to know whether you ever lived together. Do you have a copy of the lease with both of your names on it? Do you have copies of utility bills with both names on it?

2. USCIS will want to know whether you co-mingled finances. You can request joint bank account statements, since your name is on it. Contact your bank now and get as many as possible. You can also register on IRS website and get transcripts with both of your names on them.

3. Did you share health insurance, car insurance with your spouse? Any evidence of that?

4. Do you have copies of your travel reservations? If you booked flights, can you show reservations or boarding passes with both names in them? Any hotel reservations with both names listed?

5. Did you buy any presents, order anything in Amazon showing your name in billing address and her as recepient? Did you have any memberships together, in both names?

6. You would have to get affidavits from people who knew you as a married couple - landlords, friends, acquaintances.

7. If you can, get a sworn affidavit from her stating the marriage was legitimate but didn't work out. Usually, it helps to have an immigration lawyer write this one up and ask her to sign.

 

Expect to be asked many personal questions during your interview. Names of her parents, her birthday, how you lived together, motives for marrying and divorcing, etc etc.

 

Good luck!

Edited March 23, 2023 by OldUser

[A110 96]

You are legally entitled to have whatever has your name on in terms of the documents. Bank statements, tax and house lease. As others have mentioned the pictures are icing on the cake unless it was with relatives, vacations or things that are harder to obtain than a simple selfie (and even then it's not that significant).

Personally I don't think job title or credit scores are given any consideration however the job title usually may have two benefits:

1. You can afford better lawyer with a better job/money.
2. You usually have the means to provide more "Evidence". E.g buying a house together vs living with your parents, or going on vacations together, sadly the kind of documents that usually prove the bonadfide component are those related to money or those that are easier to procure if you have more money (joint insurance for example or beneficiary with 401K).

[Crazy Cat 41,814]

2 hours ago, Adam2658 said:

1) Are there other factors that go into consideration such as job title, credit score, etc that would determine removal of conditions?

No.  100% based on the authenticity of the marriage.  

Edited March 23, 2023 by Crazy Cat

[beloved_dingo 1,976]

1 hour ago, Adam2658 said:

Hi there,

 

My soon to be ex wife and I are currently in the process of finalizing our divorce. We've been together since 2016, got married in 2020 and filed for my CPR from a K1. Since we've moved in together, we've started to grow in opposite directions, and I've seen a different person in her as she also has in me. Our connection has worn off, let alone our friendship, which was the bedrock of our foundation. Our marriage isn't fixable at this point, and not a good idea for either of us long term

 

In August, I will be removing conditions with the divorce waiver. I no longer have most of the proof that our marriage was bonafide. She kept all our documents so I'm not able to provide other forms of proof like our ex joint bank account, or us filing for our taxes together the last 2 years. I just have a few pictures of us on date nights, attending various friends' weddings, and us being goofy in bed together (though I don't think that would be necessary). There's also email exchanges cc'ed with our lawyer discussing divorce stuff.

 

I remember for my CPR interview, the officer asked us a few basic questions and told us that our case was basically approved before we walked in the interview (she had a giant folder stacked in front of her, which I assume was ours). 

 

I'm not sure what to expect from the interview to remove conditions, or what kind of questions would be asked.

 

My questions are:

 

1) Are there other factors that go into consideration such as job title, credit score, etc that would determine removal of conditions? I haven't really been successful in finding a career job as of yet

 

2) What should I expect at the interview? Will they ask me personal questions about our relationship? I don't mind but I just would like to be prepared. 

 

3) Is there anything about the interview or removal of conditions that I should be aware of?

 

Thanks

 

-Adam

Just FYI for a divorce waiver you do NOT have to wait for the normal ROC window to open to file. You can file as soon as you have the divorce decree in hand. Of course, you also need to make sure you have as much evidence as possible. 

 

A few comments/questions: 

• Have you actually talked to your former spouse about providing documents she may have on hand that could be used as evidence of a bona fide marriage, or are  you just assuming she won't give you those documents? See if she will be cooperative. 
• @JeanneAdil is right about the tax transcripts. Go to the IRS website and download them yourself. USCIS prefers the transcripts anyway.
• Pictures are good secondary evidence. I think the best ones are those that include other people (especially family). 
• As someone else mentioned, see if you can get bank statements from the former joint account by going to a bank branch in person.
• Were you one each other's health insurance? If so, see if you can get proof from your employer and/or directly from the insurance company
• Any joint property or loans? Cars, a home, etc.? If so, do you have access to any of those accounts and/or paperwork
• If you rented together, you should be able to get copies of the leases directly from your landlord. 
• Normally affidavits are weak evidence, but in divorce waiver cases I think it's good to include 2-3. Even better if you can get an affidavit from your wife or someone in your wife's family, but friends or your family work too. 
• Check into any and all bills, memberships, etc. that you may have shared to see if there is any documentation of those belonging to both of you. Phone bills, utilities, vet bills, Costco, Amazon, whatever you can think of. 
• Proof of trips you took together - hotel/airbnb receipts, flights, photos that corroborate the trip etc. 

 

[Adam2658 0]

Thanks guys. So based off the information I've gathered, this is the proof that I'm able to get:

 

- former joint bank account

- joint health insurance

- tax returns for 2021 and 2022 that we filed together

- pictures as secondary evidence

 

Is there anything other than proof of bonafide marriage that I need to have ready before the interview (medical check, biometrics, letter of employment/bank statement, etc)?

 

Also, does it make a difference whether I choose to remove conditions right after the divorce or if I wait a few months? 

[Crazy Cat 41,814]

4 minutes ago, Adam2658 said:

Thanks guys. So based off the information I've gathered, this is the proof that I'm able to get:

 

- former joint bank account

- joint health insurance

- tax returns for 2021 and 2022 that we filed together

- pictures as secondary evidence

 

Is there anything other than proof of bonafide marriage that I need to have ready before the interview (medical check, biometrics, letter of employment/bank statement, etc)?

 

Also, does it make a difference whether I choose to remove conditions right after the divorce or if I wait a few months? 

No medical check, no letter of employment.  Biometrics will be either scheduled or waived by USCIS.  There is no need to wait.  You should file as soon as you receive the final divorce decree.  

[Adam2658 0]

25 minutes ago, Crazy Cat said:

No medical check, no letter of employment.  Biometrics will be either scheduled or waived by USCIS.  There is no need to wait.  You should file as soon as you receive the final divorce decree.  

My main motive behind waiting a few months is to get my finances and new living arrangement situated before I file. I also would like to get a better job than the retail one I have now so I have something to show for, if they ask what I do for a living.

 

I'm not sure how subjective the interview would be, but I don't want to give the impression that I could be the type of person who would require government benefits or anything of that sort in the future. Does waiting to file harm my chances though, or does it not make a difference?

[A110 96]

32 minutes ago, Adam2658 said:

Thanks guys. So based off the information I've gathered, this is the proof that I'm able to get:

 

- former joint bank account

- joint health insurance

- tax returns for 2021 and 2022 that we filed together

- pictures as secondary evidence

 

Is there anything other than proof of bonafide marriage that I need to have ready before the interview (medical check, biometrics, letter of employment/bank statement, etc)?

 

Also, does it make a difference whether I choose to remove conditions right after the divorce or if I wait a few months? 

No one knows your situation better than yourself. It is best to spend a few days thinking about the other evidence you can gather and consult with the folks here. Some easy to get evidence that I submitted with my case were:

1. Listing my wife as emergency contact in my work portal
2. Post cards that were addressed to both of us or wedding invitations.

Remember only God knows the true intentions of people marrying each other. The only reason USCIS requires proof is NOT to prove the legitamcy of your marriage but to make it harder for fraudsters to marry for the sake of the green card. The more proof people have the higher the bar will get for some random Joe to marry someone for a Greencard. Spend the weekend thinking about what else you can submit and I am pretty sure you will have a few more items to add to the list. Also start making a list of possible people who can provide affidavits. 

Last piece of advice is to try to have an amicable divorce. Having a resentful spouse on your back will probably not help your case if she/he were to contact USCIS.

Godspeed

[A110 96]

4 minutes ago, Adam2658 said:

My main motive behind waiting a few months is to get my finances and new living arrangement situated before I file. I also would like to get a better job than the retail one I have now so I have something to show for, if they ask what I do for a living.

 

I'm not sure how subjective the interview would be, but I don't want to give the impression that I could be the type of person who would require government benefits or anything of that sort in the future. Does waiting to file harm my chances though, or does it not make a difference?

Your job does not matter as long as you can prove you are a person of decent character (no criminal records,drug use,...). That being said as I have stated above having your spouse help out or at the very least not be resentful will go a long way in helping your case. With the recent updates the I751 may take around 3-4 years to complete and having an ex who's resentful will not help. If you are helping her find a better living situation I would also ask her for a sworn testimony regarding the legitmacy of the marriage.

[Crazy Cat 41,814]

7 minutes ago, Adam2658 said:

My main motive behind waiting a few months is to get my finances and new living arrangement situated before I file. I also would like to get a better job than the retail one I have now so I have something to show for, if they ask what I do for a living.

 

I'm not sure how subjective the interview would be, but I don't want to give the impression that I could be the type of person who would require government benefits or anything of that sort in the future. Does waiting to file harm my chances though, or does it not make a difference?

The ONLY consideration will be the authenticity of the marriage.  Your employment, financial status, etc. is 100% irrelevant. 

[Adam2658 0]

9 minutes ago, A110 said:

Your job does not matter as long as you can prove you are a person of decent character (no criminal records,drug use,...). That being said as I have stated above having your spouse help out or at the very least not be resentful will go a long way in helping your case. With the recent updates the I751 may take around 3-4 years to complete and having an ex who's resentful will not help. If you are helping her find a better living situation I would also ask her for a sworn testimony regarding the legitmacy of the marriage.

 

I'm not worried about the legitimacy of our marriage. It was real. I'm more concerned about the technicalities that I have to have ready come the day of the interview. 

 

Also, she's not gonna help out. After everything gets settled she said she never wants to see me again. 
 

[A110 96]

15 minutes ago, Adam2658 said:

 

I'm not worried about the legitimacy of our marriage. It was real. I'm more concerned about the technicalities that I have to have ready come the day of the interview. 

 

Also, she's not gonna help out. After everything gets settled she said she never wants to see me again. 
 

I751's have an extremely low denial rate so you are probably fine,that being said it comes down to how long and messy do you want your I751 to get. The more evidence and concrete proof you have the less likely you will encounter any weird questions from USCIS. I strongly suggest that you spend the weekend thinking about possible scenarios, and gathering as much evidence/info as possible. This is not so much about the effort but about how careful you are to plan it out. The actual job is rather irrelevant, focus on things that have a higher return on your effort.