I got my conditional grren card on June 18, 1999. I am going to file my I-751 soon. As of this time my marriage is not going so well but I am still trying to work it out. My question is that what if the INS wants to have a second interview and my wife is not with me anymore. What are the repucussions of this ? One more thing, I have submitted lease agreements for three years. 3 Income Tax Returns, 2 insurance policies that has my wife as the beneficiary. Health insurance bills for my wife and her child from a previouse boyfriend. Joint utility bills and joint savings and checking accounts. Plus pictures around 30 to 40. What are my chances of getting my permanent green card for ten years and getting the interview waived.

Lastly, hypothetically speaking if my wife doesn't want to go with me to the interview and at that time we want to have a divorce and as for me I want to get re-married. Can I apply for a new green card based on the new marriage ?

Thanks in advance

Dear Anonymous:

If you and your wife are living together, your chance of obtaining removal of the conditions is good based upon the documentation that you have.

If, for any reason, your wife does not wish to file the I-751 with you, or you are separated, you probably should obtain a divorce and then file for an I-751 waiver. Again, you are likely to obtain the waiver based on the documentation listed in your e-mail. If you believe that the waiver will be necessary, you should speak with an immigration law attorney who can give you further information on obtaining the waiver. Good luck.

Thank you very much for your prompt response.

Should I then file the I751 for now because I don't know what the status of our marriage would be from now until my petition is processed and hope that the INS would not request for an interview and approve it.

As of now my wife is with me but I don't know what the future holds she just might decide to leave me.

If this happens what should I do. Should I then re-apply my I-751 with the waiver ?

Also, after I divorce if it all it happens can I re-marry and re-apply ?

Thanks again.

Dear Anonymous:

You and your wife can file a joint I-751 at this time. If, at the time of your final interview, you are not living together or are divorced, you could file the I-751 waiver.

If you remarry to a US citizen, you could file a new application for permanent residence, but you would be starting all over again, and you would still have to prove that your prior marriage was bona fide. Good luck.

I just found out that the clerck in my lawyers office failed to include the three lase agreements in my list of documents that were sent out to the INS. But everything else she sent out according to the list that I provided to you in my earlier posting....

Thanks in advance

Dear Anonymous:

If the INS schedules you and your wife for an interview, you can present the leases at that time. Good luck.

My marriage is really going bad and I don't think that it would last till the Ins or if the Ins call us for an interview. You said i can file for a waiver at that time because maybe just maybe my wife has left me. Would it be a more difficult process to obtain a green card that way ? What I will show them are 3 Income Tax Returns, 2 insurance
policies that has my wife as the beneficiary. Health insurance bills for my wife and her child from a
previouse boyfriend. Joint utility bills and joint savings and checking accounts. Plus pictures around 30 to
40.

Would I be able to get a green card on my own this way. LAstly how is the process of obtaining a green card through the waiver.

Thanks again,

you guys have provided me guyidance through these rough times.

Dear Anonymous:

As we stated earlier, based on the documentation you have mentioned, you stand a very good chance of obtaining the waiver. However, the marriage must be terminated, so you have to first obtain a divorce. It would also help if you could get an affidavit from your wife attesting to the bona fides of the marriage.

You would file immigration form I-751 and check box (d) under Part 2. Submit the petition with all of the above mentioned items, a certified copy of the divorce decree, and the appropriate filing fee. Good luck.

My marriage has gone bad. And I just received my temp. res. card this July. It has been very hard for me to keep this marriage since this year. And it is very obvious that my husband will refuse to report a joint tax returns for the coming 2002. I just had my baby born in Nov.2001. If finally, I should file a waiver for I751 to get a perm green card, would the birth certficate, along with the past tax documents, utility bills, pictures, satisfy the documentation the INS asked to prove for bona fide marriage?

Secondly, actually, I went two times to get my temp. green card. The first time, my husband did not go with me. Along with the facts that I gathered all the documents necessary for the interview, I also told the INS officer that I was pregnant for 4 months, he still refused to stamp on my passport until the husband showed up the next time.

Does that mean, the fact of me having a baby born to the marriage will not be considered a proof of my real marriage?

Dear Anonymous:

The evidence that you have, particularly the birth of a child to you and your husband, should be more than enough to establish that your marriage was entered into in good faith so that you can obtain a waiver of the requirement to jointly file for removal of the conditions on your residence.

In order to file for the waiver, you must first obtain a dissolution of your marriage. Then you can file the application at any time prior to the termination of your conditional residence. Good luck.

I have not filed my I-751 before the date of expiration of my I-551.
Since I received my I-551 stamp in my passport I never received my green card by mail and this is two years now.
I am still married with my wife we are in love and be cause of my neglect to file on time I am worry that I can be deported.
Can anyone tell me what to do to fix this issue

Thank you

Hi!
My spouse and I filed the I751 almost a year ago. We are still married, but I know he has contacted lawyers to divorce. I haven't signed any divorced paperwork though, as of now.
Do I have to notify the INS that we are divorcing, or should I just hope that I'll get the card without interview within the next month or so? Also, if a final interview is scheduled and the husband doesn't want to go because we are in the process of divorcing, what do i say to the interviewer, and what may happen?

Hi,
My divorce is just finalized. I filed I751 a year ago when we were married bona fide until my girl friend went with someone else. Can I marry another person while my I751 is in process. Usually, how long does it take to process I715 in california.

hi my husband is an us citizen and im permenant resident which is under condition.unfortunately our marriage wasnt entered into good faith.my qoestion is ,if my husband doesnt want to file the petition for my PR in order to remove the condition,can i file the petiton of my own.i dont have any kids with him,wht kind of documentation do i need to prove that our marriage was bona fide?

Hi,
according to the above quetion,i would like to to know about if he devorce with me within two years of our marriage(we got marriead on may 2003).my green card will be expired on august 2005.In this case ,could i filed the i-751 waiver of my own?Would the devorce within the expired date of my green card will caouse any problem to remove the condition of my green card?Do i need the tax return statement or receipt to prove our marriage is bona fide? Thanks a lot for the help.I would be very much appreciated.

My wife is a US citizen and I am expecting my conditional green card to arrive soon (my case was approved and I got my passport stamped a month ago). Even though we entered our marriage in good faith, our relationship is going really bad and we have considered a divorce. What if she or myself file for divorce now before I get my plastic green card? If we wait to have my green card mailed and then we get a divorce, how long do I have to wait to remarry someone else without losing the benefits of the green card?

Joint I-751 Interview for Removal of Condition on Permanent Residency.

Wife wants divorce after joint I-751 interview.
She has already issued a civil summons for divorce (about a month after our I-751 interview) and the notice period gets over next week. Submitted requisite documents to BCIS as required by them in 10days after interview. During the interview in the first week of July, 2004, 2 photographs and index finger prints taken. As of today, its over 2 months and I have not heard anything from INS. What to do? Should I file for a waiver with new I-751 application once she files for divorce and the divorce is finalised? Or, should I wait for the reply from INS? Our interview went well.