Londonboy

My wife and I separated this week after a year and half of
rancorous marriage.

I am the beneficiary of a conditional green card (through K-1 -- AOS). I
received my Conditional Green Card in May 2005.

Now, according to our state law I can file for divorce only after a one
year separation (March 2007).

But I will be eligible to file I-751 in February 2007 (90 days before
May 2007).

Since she is definitely NOT going to sign the I-751, and we will have
not even filed for divorce by February 2007, what are my options?

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Meauxna

> My wife and I separated this week after a year and half of rancorous
> marriage.
> I am the beneficiary of a conditional green card (through K-1 -- AOS).
> I received my Conditional Green Card in May 2005.
> Now, according to our state law I can file for divorce only after a
> one year separation (March 2007).
> But I will be eligible to file I-751 in February 2007 (90 days before
> May 2007).
> Since she is definitely NOT going to sign the I-751, and we will have
> not even filed for divorce by February 2007, what are my options?

Do some searching in this group; there was some recent clarification on
the topic. I just searched I-751+memo and got this back:
USCIS Memo: The Effect of Separation/Divorce on Pending I-751 Petitions
http://britishexpats.com/forum/showt...7&highlight=I-
751+memo

But I'm not sure that's the right one since your I-751 is not yet
pending. But, the search returned several promising threads. I do know
it's been discussed here before.

Read this one too: http://britishexpats.com/forum/showt...5&highlight=I-
751+memo

--

Frrussre

> My wife and I separated this week after a year and half of rancorous
> marriage.
> I am the beneficiary of a conditional green card (through K-1 -- AOS).
> I received my Conditional Green Card in May 2005.
> Now, according to our state law I can file for divorce only after a
> one year separation (March 2007).
> But I will be eligible to file I-751 in February 2007 (90 days before
> May 2007).
> Since she is definitely NOT going to sign the I-751, and we will have
> not even filed for divorce by February 2007, what are my options?

Sorry to hear about your situation. Relationships can be tough, marriage
even tougher. Add to the mix immigration & emigrating = 100% stress.
Your best bet would be an (AILA) Attorney.
Good luck.
Reg. Frank R.

--

Hcj1440

> My wife and I separated this week after a year and half of rancorous
> marriage.
> I am the beneficiary of a conditional green card (through K-1 -- AOS).
> I received my Conditional Green Card in May 2005.
> Now, according to our state law I can file for divorce only after a
> one year separation (March 2007).
> But I will be eligible to file I-751 in February 2007 (90 days before
> May 2007).
> Since she is definitely NOT going to sign the I-751, and we will have
> not even filed for divorce by February 2007, what are my options?

From http://uscis.gov/graphics/howdoi/remcond.htm#divorce

"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."

Link to April 10 2003 memo:
http://uscis.gov/graphics/lawsregs/h...iver041003.pdf

"...an alien whose conditional resident status is approaching the 2-year
anniversary of the grant of such status, but who is unable to file a
joint petition to remove the conditions because divorce or annulment
proceedings have commenced, may not apply for a waiver of the joint
filing requirement based on the “good faith� exception. If an
alien’s conditional resident status is terminated because he or she
could not timely file a Form I-751, and he or she is placed in removal
proceedings, then he or she may request a continuance from the
immigration judge to allow for the finalization of the divorce or
annulment proceedings. It is noted that the conditional resident whose
status has been terminated should be issued a temporary I-551 during the
pendency of his or her case before the immigration judge (see Genco
Opinion 96-12)."

--

Lxix

londonboy wrote:
> My wife and I separated this week after a year and half of
> rancorous marriage.
> I am the beneficiary of a conditional green card (through K-1 -- AOS). I
> received my Conditional Green Card in May 2005.
> Now, according to our state law I can file for divorce only after a one
> year separation (March 2007).
> But I will be eligible to file I-751 in February 2007 (90 days before
> May 2007).
> Since she is definitely NOT going to sign the I-751, and we will have
> not even filed for divorce by February 2007, what are my options?
> --
>

Since you say: "My wife and I separated this week after a year and half
of rancorous marriage"

Rancorous = Bitter, Long-Lasting Resentment; Deep-Seated ill will.

You may have a HARD time to show a GOOD-FAITH marriage with the USC. If
you are not hell-bent on getting the benefit of U.S. LPR and
citizenship, You can start thinking about buying a 1-way ticket to the
jolly-old U.K. and process the remaining steps of your divorce from
there.

Good Luck!

Mojo418

> My wife and I separated this week after a year and half of rancorous
> marriage.
> I am the beneficiary of a conditional green card (through K-1 -- AOS).
> I received my Conditional Green Card in May 2005.
> Now, according to our state law I can file for divorce only after a
> one year separation (March 2007).
> But I will be eligible to file I-751 in February 2007 (90 days before
> May 2007).
> Since she is definitely NOT going to sign the I-751, and we will have
> not even filed for divorce by February 2007, what are my options?

File for continuence until your divorce proceedings are final and
then have your i751 withdrawn and refile the i751 with a good fath
based waiver.

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