hi I am new to this web and I want to say I am so happy to finally find such a good place to discuss the immigration issues, I appreicte everyones effort here.
I held H1 before I married my husband and he is an US citizen, we live in chicago,at Aug 2005 I got the conditional GC issued to me and it will expire at Aug 2007. Unfortunately after about 2 years marrige life, we found we propably entered into wrong marrige, we found eath other are getting so different than what we initially know,and we kind of thinking divorce now. we both have decent jobs and entered into marrige based on good faith(even though I know I have to prove this to INS).
So right now my concern is how big the chance I will have to get condition removed if I file 751 ONLY by MYSELF after divorce. I tried to talk to a few lawyers in Chicago, but they gave me various or even opposite answers which really confused me.
the first question: if I get divorced, can I file 751 right after divorce or I still have to wait until 90 days before Aug2007???? one lawyer said I can file right after divorce , another lawyer said I still will be suject two years rule????????
the second question:if i get divorce, is my husband still suppoed to sign on 751? I think he will sign if I prefer him to sign if it is going to help INS make decision.(becuase he knows I didnt try to get GC by marrige). one lawyer told me as long as we divorce, my Husband is not supposed to sign 751 at all, another lawyer said even after we divorce, it is going to positively affect INS to make decision if my H is willing to sigh on 751, who is right?????
the thrid question: when I talk my situation to lawyers, some of them said this is common and not complecated case, they can help me, but one of lawyer said if I divoce before file 751, I for sure will be denied for condition remove unless I was abused or battered by my husband ( my husband didnt abuse me or batter me).basically she is saying I have no chance to successfully apply remoce condition after divorce unless there is only one exception which is I was abused by my husband. is she correct?????? does anyone hear the similar case and finally lady gets successul to remove condition onlyby hersefl??????? does INS normally will deny this case?????
I am totally confued about what I heard and feel so sad and frustrated about this , by the way , if you kow any good lawyer for this issue in chicago, please recommend to me.
Thanks , I again appreciate everyones help and answer.
This is just my opinion, and I cannot back my answer 100%. I think if you are getting a divorce and if you would be divorced by the time you are elgible to remove the conditions, then I think the chances of having the conditions removed are very less in other words your case would likely be denied. As the last attorney told you, unless you are abused by your husband both emotionally and physically you do not have a strong case. So if you think that you had a genuine marriage and your husband cares for you then you should stick together atleast untill the conditional status is removed.
You can wait and see what others suggest because, some of them in this forum are absolutely very helpful and they are very knowledgeable about all this.
Good luck
thanks for your comment, i know ideally I d better keep marrige going till the day I get condition removed, but now we all kind of want to walk out from this marrige, it is pain to keep this marrige for another 2 or more than 2 years.
but still appreciate your reply.
I think youd better take the time and do some research here and elsewhere on this matter.
Ive heard people here talking about how divorce doesnt effect the process once you can prove that the marriage was bonafide.
But as youve already posted, even lawyers have opposing opinions, so who am I to tell whether youre gonna be fine or not.
Divorce before filing I-751, so confused, need your help!!