Please help me with this complex I-751 situation

[kimtend]

Hi ,
We have filed I-751 last week to remove conditions on my GC and that too on my expense. Just yesterday my husband mentioned that our relation is just not working out but he will help me through the I-751 process. He is actually having an extra-marital affair and is also not mentally balanced. I am not sure what to do, so have couple of questions

What if he actually doesn't support me in this process till last stage and in that case I have to file a waiver petion if I am correct. .So that way I have just wasted time and money on this joint petition. Also how long does divorce process takes in CA and how long it is approx taking I-751 process to complete. I also believe I can't leave country while any of these processes are going on. Any ideas or opinions ?
If the situation comes where I have to file waiver, what evidences or documents can help me getting case in my favor like proof of his affair or mental problems

[immihelp]

If he is not willing to cooperate, you are out of luck.

Waiver is applicable only in the extreme cases like he has been beating you etc. Just having outside affair is not enough reason.

[nichole]

Hi ,
We have filed I-751 last week to remove conditions on my GC and that too on my expense. Just yesterday my husband mentioned that our relation is just not working out but he will help me through the I-751 process. He is actually having an extra-marital affair and is also not mentally balanced. I am not sure what to do, so have couple of questions

What if he actually doesn't support me in this process till last stage and in that case I have to file a waiver petion if I am correct. .So that way I have just wasted time and money on this joint petition. Also how long does divorce process takes in CA and how long it is approx taking I-751 process to complete. I also believe I can't leave country while any of these processes are going on. Any ideas or opinions ?
If the situation comes where I have to file waiver, what evidences or documents can help me getting case in my favor like proof of his affair or mental problems

If your filed papers look good you most likely won't have an interview. They are very rare. He would have to contact somebody to stop the process at this point.

I-751s are taking most people filing at California Service Center a little over 3 months. Some do take longer if there are requests for more evidence for you to submit.

You will get a receipt for your filing shortly. It says your greencard is extended for one year. You can re-enter the US with the expired greencard and the extension letter for a year past the date on the GC.

Waiver: You only have to prove you had a valid marriage or married in good faith before it fell apart. All of the documents you already sent showing you lived at the same address and co-mingled your finances prove that. They don't care who had an affair. They want to see a valid marriage from the time of your GC until the divorce. That means you need two years of joint tax returns; joint bank accounts; joint names on credit cards, car title, car insurance; copies of both driver licenses to show same address---things like that.

Read the form I-751. Part 2, Basis for Petition
Box d is your basis--I entered into the marriage in good faith, but the marriage was terminated through divorce or annulment.

That basis for waiver can't be approved until you are fully divorced. Your divorce decree is part of the documentation they must have. It's far easier to prove than getting police or medical reports that you were battered, which you weren't..