Legal Question in Immigration Law in California
Filing For removal of condition for permanent resident
Hi! I got my conditional GC in January 08 based on my marriage to a US citizen. According to the law, i have to file removal of condition 90 days before the anniversary of expiration. I dont want to terminate my marriage but at the same time i want to apply for the removal of condition. Is there a way possible?
4 Answers from Attorneys
Re: Filing For removal of condition for permanent resident
You may request removal of the condition upon finalization of divorce or 3 months before the expiration of your conditional residence.
Re: Filing For removal of condition for permanent resident
First, you apply for the removal of the conditional status of your permanent residence within 90 days of your SECOND anniversary of becoming a conditional lawful permanent resident.
Second, based on my understanding of your question, you are misunderstanding the purpose of the removal of conditions. This step was put in place as an additional safeguard against fraudulent marriages. You are not required to terminate your marriage. If you are happily married at the time that you are required to submit the removal request, you and your spouse file a joint petition.
Re: Filing For removal of condition for permanent resident
Yes, absolutely. You only need to be divorced before being able to remove the conditions in the event the marriage breaks down. If it does not then it's better because you then file a joint petition with your spouse. If divorced, you file a waiver the the joint petition requirement.
Contact me offline at [email protected] for more information or visit my website at www.yardum-hunter.com.
Sincerely,
Alice Yardum-Hunter
Re: Filing For removal of condition for permanent resident
Please note that you should remain married and apply for condition of removal. If your marraige has totally broken down, you can apply yourself and try to estabish that you had good faith marraige.
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