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  1. #1

    Default Removal of Conditional Residence

    I have a green card through marriage. My husband, a US citizen, and I were married for a year since I was issued the card. A couple of months ago we separated and he took my card from me. I am now living outside of the U.S. If I want to petition the removal of my conditional residence even though I am now separated how do I go about it?

  2. #2
    Join Date
    Feb 2006
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    244

    Default Re: Removal of Conditional Residence

    You would do it the same way as if you were still together...Form I751. There is a section that specifically asks if you are filing this form Jointly, or want to waive the joint filing...this is done is circumstances when the couple are not together.

    Read the instructions for the form to see what are the conditions for a waiver.

    http://www.uscis.gov/files/form/I-751instr.pdf

    You will be required to do another set of biometrics, so you will need to come back to the US. You did not say how long you have been outside the US and/or how long you intend to stay outside. There are rules about how long you can stays out side the US and still be considered a permanant resident.

    But, without your card, how are you going to return? You need to hire a US lawyer and have him demand the return of the card so you can re-enter.

  3. #3

    Default Re: Removal of Conditional Residence

    Thanks for your response. I am a canadian and living in canada. I was in the US this past summer (within one year of my immigrating to the US). However since my husband took my greencard I entered as a Canadian tourist. I see that you can file to waive the joint filing requirment if the marriage has been terminated. Can I really waive the conditional residence and be granted permanent residency without being married to the US citizen that sponsered me my residency? I am only separated right now because in canada you have to be separated for a year prior to filing for a divorce. Where does that put me considering I am not yet civally divorced? I married my husband in good faith. however he ended up being extremely controlling and emotionally and verbally abusive and I needed to get out of such a relationship. Can that be a reason why I could remove my conditional status and be granted permanent residency?
    Thanks for your help

  4. #4
    Join Date
    Feb 2006
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    NA
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    244

    Default Re: Removal of Conditional Residence

    Here is another link to read over....Your marriage has to be terminated at the time you file for the waiver for good faith. You cannot do that while you just seperated.


    http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

    If the marriage is terminated, yes you can use the waiver and be granted the removal. I am sure the ICE will scrutinize the claim closely, and any documention you may have...letters, police reports...would help..

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