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Urgent problem of a conditional resident

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  • Urgent problem of a conditional resident

    I am a conditional green card holder till Aug,2006 on the basis of marriage to a US Citizen.After 4 months of spousal abuse,I returned to India in Dec2004 to my parents.Matters could not be resolved so I filed for exparty divorce from India on the basis of spousal abuse.I am amidst my divorce proceddings which will most probably complete in August.Can I return to US after 6 mths but before 1 yr on these grounds.
    Also when in US after divorce I wish to self petition to remove my conditions on my residence by filing form I-751 so that i can stay n work in US.I want to ask does remarriage affect filing of such petition in any way?
    It is an urgent query since my 6 moths of temporary residence abroad will expire by May end and i dont want to endanger my return to US.Kindly help

  • #2
    Urgent problem of a conditional resident

    First of all I would say that God is there to help you.
    Inwould suggest that before anything u should file your I-750...it should be filed ,i guess, 90 days before the GC (green card) expires...do that first...because then u will be in great trouble to re-enter US. Actually, I am going through somewhat similar thing..that's why i can help you in some ways....u will be able to remove the conditions on your GC by applying for I-750..if u will apply after your GC expires then u have to give a written explanation to prove that why didn't you applied for it before GC expired and then it is upto them if they approve your petition or not...so don't mess with this from ...just file it......your case is simple anhd there is section in I-750 that qualifies to remove thye conditions on GC if the spouse is abusive..

    I hope it helps

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    • #3
      From what you are saying, I understand that you divorced.
      If your divorced is final you can apply for I 751 at any time. You don't need to wait for 2 years to be over(90 days prior).
      You might probable wait,but in the mean time you have to gather info about the marriage to show that it was bonafied. It is up to you to prove that the marriage was bonafied and you divorced because of the spouse abuse.
      You shoud try to colect papers showing that your spouse was violent also.
      Police reports, medical reports, neighboors statements. And ofcourse the prove about the marrieage.
      Anything showing 2 names.
      Lease, bank statements, taxes,mail,utilities bills, phone bills,cable bills,
      junk letters, pictures, auto and medical insurence, life insurence, affidav. ,
      anything you boght togheter such as car or tv set. plane tickets, hotel bills,
      Good luck
      I am not an attorney

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