QUESTION
How do I remove conditions on my green card?
Asked on Feb 17th, 2012 on Immigration - Georgia
More details to this question:
I am currently on the CR1 green card. I have not been living with my wife since last 11 months due to some family problem and personal issue. I am trying to talk to her but she is not responding. I think she is no longer interested in this relationship. She is not ready to give me divorce also. My green card is expiring in January 2013. What should I do to remove my condition without her help?
5 ANSWERS
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The burden is on you to prove genuine marriage which may be terminated, however, presumption could be that marriage was not entered into in good faith.
Answered on Mar 01st, 2012 at 10:58 PM
You can only file within 90 days of its expiration and if you are not divorced, you cannot file it on your own. If you are divorced, you can file on your own, asking for a waiver of the joint filing. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Feb 27th, 2012 at 3:56 PM
You need to establish that you entered into the relationship with bona fide intentions. You will have to do this through the filing of a waiver. Contact an immigration lawyer for help.
Answered on Feb 27th, 2012 at 2:59 PM
You must file I-751 as waiver of joint filing requirement but have to be formally divorced by the time the application is adjudicated. It appears that you have a complicated marriage history so that you should consult with an attorney before filing the I-751. There is more to it then just filing the petition.
Answered on Feb 27th, 2012 at 12:37 PM
Generally, a Conditional Resident must timely file a petition to remove condition during the relevant 90-day period, and this must be done jointly by the Conditional Resident and his/her spouse. If the couple becomes divorced, however, the Conditional Resident has an opportunity to file the petition him/herself with a request for a waiver of the usual obligation to file jointly, and this may be done before that 90-day period. To succeed, it will be necessary to provide sufficient documentary evidence to persuade a skeptical USCIS adjudicating officer that the couple had been living together in a bona fide marriage notwithstanding that the marriage ultimately ended in divorce. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Feb 27th, 2012 at 10:08 AM