Removal of Conditions Failed. Can I Marry and Try Again

You received a 2-year conditional greenish card, but so yous permit the borderline to file your I-751 Petition to Remove Conditions on your green card. Maybe yous just didn't realize it was that important, or maybe y'all forgot when it was expiring.  Or maybe you thought yous'd take to get your spouse to sign the paperwork, and yous're having marital issues and aren't sure if that will happen. If yous're searching for answers and maxim to yourself, I never filed to remove atmospheric condition on my green bill of fare, this article is for you lot.

I Never Filed to Remove Atmospheric condition on My Dark-green Menu

Whatever the reason, it's important to take the situation seriously. You are likely to be placed in removal proceedings (immigration court) if y'all do not file an I-751 Petition to Remove Conditions on Residence in the 90 days of the expiration of your bill of fare. If your card already expired, y'all need to take action Now. You may have been placed in proceedings without your receiving proper notification, which tin can lead to you being ordered deported for failing to appear at a hearing (even if yous didn't know the hearing was taking place). Whether you lot are placed in removal proceedings or not,  y'all tin yet file your I-751 Petition and y'all will need to submit the all-time possible evidence you accept.  As with everything in the U.S. immigration organisation, information technology'southward so much easier to file a practiced petition and get an approval of information technology than to file a quick, poorly-prepared application and face the consequences.

When Can My Spouse and I File Our Joint I-751 Petition to Remove Weather on My Greenish Carte?

Generally, a couple must file a Joint I-751 Petition within the 90 days before the provisional green card expires. So look at the appointment on your card, and count back xc days. That's the earliest engagement yous can file a joint I-751 petition to remove conditions.

Can We File a Joint I-751 Petition If Nosotros're Still Together simply We Didn't File Earlier My Card Expired?

There's some practiced news – you can file your I-751 late. However, you must include an explanation of why you didn't file on time and if y'all accept any evidence supporting your caption, you should include information technology. It's upwards to USCIS to accept your explanation or not, and so it'southward important to make sure you lot address the tardily filing. An experienced attorney can help with this.

Should I File with My Spouse or Go a Divorce and File on My Own?

This sounds similar a weird question, but we actually hear this every so often. Some couples start having issues in their spousal relationship and are separated during the 90-day window to file to remove atmospheric condition. At this point, they're wondering if they should try to stay married and file jointly. There'southward no ane answer – information technology partly depends on what you lot think you might do in the future. If you lot may reconcile, you can file jointly and evidence the relationship. If your marriage is ending, moving back in together and/or filing jointly isn't "better" than divorcing and proceeding with your own I-751 filing (which we call an "I-751 Waiver").

How Tin I File an I-751 Petition Without My Spouse?

If you and your spouse are going to divorce, know that y'all may file an I-751 Waiver of the Joint Filing Requirement for a Petition to Remove Conditions ("I-751 Waiver") without your spouse signing anything or being involved. You lot tin can file an I-751 waiver at any time, so fifty-fifty if your provisional green bill of fare is already expired, or you have not yet reached the 90-day window for couples to file their Joint I-751 Petition, yous may all the same file.

If your divorce is not filed or is pending but not yet final, y'all can file an I-751 Waiver. Nevertheless, keep in listen that USCIS volition eventually request proof of the finalization of the divorce, and so you'll need to motion forward with that process.

An I-751 Waiver Can Exist Based on Any or All of Three Eligibility Criteria:

1. You and your spouse married in good organized religion, just the marriage has ended (chosen the "proficient-faith" exception)
2. You and your spouse married in good faith, but yous have experienced bombardment or extreme cruelty in your marriage (this is an exception to the joint filing requirement for spouses who accept experienced physical, mental, emotional, or financial abuse)
3. Yous volition experience extreme hardship if yous cannot remain in the U.South.

You should file your I-751 Waiver indicating any or all of the above criteria that apply to yous. You'll demand to provide any evidence of these bases. If your spouse controlled your documents, money, or otherwise withheld information from you, it can exist difficult to get evidence of your eligibility. An chaser can aid with evidencing your I-751 Waiver. Nosotros also strongly recommend y'all seek chaser representation for your divorce. See our web log on Conditional Green Card and Divorce for more information.

Am I Illegal in the Country If My Conditional Green Carte Has Expired and I Haven't Filed My I-751 Petition or Waiver?

You remain a resident unless and until ane of the following happens:

1. An immigration judge holds that you are no longer a resident; or
2. You formally carelessness your residence by signing paperwork to indicate you no longer wish to be a resident

If your conditional green bill of fare has expired, it'southward important to be sure a example did not embark in clearing court without your knowledge, which sometimes happens if notice of a court date was sent to an address at which you no longer reside. Even if a case has started, or a deportation order was entered, talk to an experienced immigration lawyer then you can determine what to do – you may need to seek reopening of your example or file other documentation.

Immigration Lawyer in Houston Green Bill of fare

If an immigration courtroom case has not been lodged against you lot, don't expect to address your situation – talk to an experienced immigration lawyer most what yous can practise. It's much easier and less stressful to file a good I-751 Petition or Waiver before you're in immigration courtroom.

Whether you lot know what's going on, and whatsoever your situation, take action to protect your green card.

Contact our office to set upwards a consultation by click this orange button:

davistherveld.blogspot.com

Source: https://www.immisolver.com/news/i-never-filed-to-remove-conditions-on-my-green-card

Share this post