Here's an interesting follow-up to my original request in a previous thread.
It now turns out that by the time I will submit to have my provisions removed from my residency status, I will most likely be divorced. Without going into all the details, my marriage to my American wife fell apart shortly before Christmas and I don't want to stay married to her any more.
Having said this, I'm also not in a hurry to go running back to the UK so will be extremely honest with the INS and leave it in their hands, If they say no, then fair enough but I have heard already from an attorney that as my marriage was entered into honestly, then I should not have any problems.
Just wondered if anybody else had had to deal with this or heard about it. Funnily enough, when I opened up Union Jack newspaper yesterday, that was the exact subject that the immigration attorney was talking about.
Happy New Year to you all - I'm hiding out in my office until 2002 smile
Sorry to read about your troubles
I hope that everything turns out to your benefit mate
all my regards
Alan
Thanks Alan. Bit of a wrench but over the bad part now and looking forward to moving ahead again. I found a very nice house today to rent which is just a smaller version of where I live now which will do me fine.
Just hope the INS part goes to plan now.
Mark
Aww, I'm sorry to hear about your problems. sad
I received the I-751 this week - though we won't need it for two years. The instructions state that you should file jointly with your spouse but you can file for a waiver of this if
"you entered into the marriage in good faith, but the marriage was later terminated due to divorce or annulment."
Then it says that you must include your divorce decree. Interesting it also says that if you're filing with a request that the joint filing be waived "You may file this petition at any time after you are granted conditional resident status and before you are deported." So that's something to bear in mind.
Best wishes, Jennie
Hi Mark,
I think I'm a bit late on this thread but a very close male friend of mine is going through the exact same situation. He filed to have his "conditional residency" removed back in March of 2001 with a very competent Immigration lawyer. Infact it was the same lawyer who processed his original applications.
He had to provide lots of proof that the marriage was entered into in good faith and that they lived together. He was lucky because although he was only married one and a half years they were together for four.
I suggest that you consult a lawyer only because this does help. Your lawyer can act as "proof" that your marriage was truthful and also submit a letter on your behalf. A second interview isn't always required and sonething to avoid if you can. Therefore the more evidence and good reasons you give them to let you stay and approve your petition without your wife will help. The fact that you have a good job and can provide for yourself is also a good thing. So you might want to include letters from your employers and work colleagues especially if they know your wife too.
My friend should hear from INS by March 2002 but it could take longer. I'll let you know how his proceeds but I think that this can also be an "individual" thing. Most INS officials are trained to sniff out the untruths in applications, so it can be hard to predict what will get through and what won't.
Anyway, I hope everything works out for you.
UKM smile
Green Card based on marriage to US citizen is issued conditionally if the marriage is less than 2 years old. I am assuming this was the case with you.
You and your spouse should file a joint petition 90 days before the expiration of the two-years, if you are still married.
If you are unable to file a joint petition to remove the conditions, you could file for a Waiver using Form I-751. This waiver could be granted if a) you entered into the marraige in good faith or b) deporting you will result in hardship or c) you were subject to cruelty by your spouse
If you are filing for the Waiver, make sure to do so before the expiration of the 2 year
conditional green card.
Paul @ Immigration HelpDesk