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Divorce after the first interview, but before filling for I.751

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matjaz1977

Junior Member
What is the name of your state? Florida
i am married for now 2 years(2003), but file my immigration papers a year ago. i received everything, i have now my permanent resident card. although this card is temporary until(2007) but my husband and i are thinking about divorcing...he wants to file for it. So my question is, do we have to pass another interview together for the removal of conditions?or is it just a form to file with proof of marriage and no interview.
what are the conditions???
i would hate to loose everything!
thank you very much for your help
 


evcalyptos

Senior Member
matjaz1977 said:
What is the name of your state? Florida
i am married for now 2 years(2003), but file my immigration papers a year ago. i received everything, i have now my permanent resident card. although this card is temporary until(2007) but my husband and i are thinking about divorcing...he wants to file for it. So my question is, do we have to pass another interview together for the removal of conditions?or is it just a form to file with proof of marriage and no interview.
what are the conditions???
i would hate to loose everything!
thank you very much for your help
It is not 'just' a form. Suggest you study your options carefully.

How Do I Remove the Conditions on Permanent Residence Based on Marriage?
http://uscis.gov/graphics/howdoi/remcond.htm

How Can I Get a Waiver of the Requirement to File a Joint Petition?
If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

You may request a waiver of the joint petitioning requirements if:

Your deportation or removal would result in extreme hardship


You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition.


You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by your U.S. citizen of legal permanent resident spouse, and you were not at fault in failing to file a joint petition.
Please see USCIS Form I-751 (Petition to Remove the Conditions on Residence) for more specific information on waivers.

What if I Am in Divorce Proceedings, But Am Not Yet Divorced?
If you and your spouse are unable to apply to remove the conditions on your residence because of divorce or annulment proceedings, you may not apply for a waiver of the requirement to file a joint petition, based on the “good faith” exception. You may not file for the waiver until after your marriage has been terminated.

Please read the memo dated April 10, 2003 for more specific information.
(see page for link to memo)
 

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