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Immigration Forum / USA Marriage Base / May 2006help please!
I got here in US w/ K1 visa filed by my USC fiance.I am now married for 1yr and 1mo and holding a conditional resident card since january. The relationship is really getting bumpy and the chance of fixing it is pretty slim. Im not even done on my first year of 2-year condition, if we decide to split up legally, how am I going fix and have the condition lifted? I am so alone and so down having to deal with this, as he is the main reason why the marriage isnt working. Eversince I got here was pure misery. The thing is, the only positive side that I get from being here is earn decently than if I'm in my own country.But I am only in temp services, and he's not much of help finding me a reg job. He's even asked me to pay his expenses on me before I got here and when he provided my trip back to my country last february because my father died. So I am the sole breadwinner now to my mother who just got widowed. When I first got here, I didnt get here just to obtain a GC or residency, but now it sounds like it. I'd deeply appreciate if you guys help me out to go through with this. > I got here in US w/ K1 visa filed by my USC fiance.I am now married > for [quoted text clipped - 18 lines] > > I'd deeply appreciate if you guys help me out to go through with this. As long as you can demonstrate that the marriage was entered into in good faith, you can file *by yourself* to remove the conditions the moment your divorce is final. You must be divorced... being separated doesn't count! Ian > As long as you can demonstrate that the marriage was entered into in > good faith, you can file *by yourself* to remove the conditions the > moment your divorce is final. You must be divorced... being separated > doesn't count! > > Ian As a matter of interest: what would happened if the divorce were not final by the time the 2 years are up? > As a matter of interest: what would happened if the divorce were not > final by the time the 2 years are up? You file and ask for an extention. > You file and ask for an extention. I've never heard of filing for an extension on the right to file an I- 751 AFTER its due date.  SignatureI'm not an attorney. This disclaimer is valid in NYS! > I've never heard of filing for an extension on the right to file an > I-751 AFTER its due date. An extension of the interview date for the divorce to be finalised. Which presumably is slightly complicated by most not being subject to interview. > I've never heard of filing for an extension on the right to file an > I-751 AFTER its due date. I've not heard of an extension either. IIRC, there is a provision for filing late through no fault of your own... and I would think waiting for a judge to finalize a divorce fits the bill. Of course, this brings up another scenario... whether the "fault" of being late is due to the divorce being filed close to the date when the conditions need to be removed. But, I guess that's another story. Ian > I've not heard of an extension either. IIRC, there is a provision for > filing late through no fault of your own... and I would think waiting [quoted text clipped - 4 lines] > > Ian So if there is no extension? then would immigration not just assume, if the due date arrived and left to remove the conditons and they heard nothing? to close the petition. > I got here in US w/ K1 visa filed by my USC fiance.I am now married > for [quoted text clipped - 18 lines] > > I'd deeply appreciate if you guys help me out to go through with this. People often advise to get divorced and file for I751 waver but in my opinion, it is a mistake. Your chance of removing condition is greatly reduced than if you file a joint petition. Sure there are plenty of people who succeeded with waver (especially if you have an expensive lawyer) but also there are even more people who failed. Once you file waver, INS can decide whatever thay want at their discretion. You file I751 waver only if your spouse absolutely declines to sign on I751, that is, when you have no choice. |
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