I-751 immigration. can someone help me on this form?? How long it takes ect.?

Question

Can she file as soon as possible. I-751 Removing the Conditions on Permanent Residence Based on Marriage.

She is my friend and she was abused by her husband. She is staying with a family. That helps her. I would like to know how it applys to Illinois law. Can she file early? We have pictures and police reports. I would like to know what else to do. How long it takes and ect. thankyou :)

Answer 1

The normal rule is conditional LPR status must be converted by both parties requesting removal of the condition. There are two exceptions that apply here. If the marriage doesn't make it, you can still have the condition removed as long as you can show it was a real marriage from the start. Alternately, and more germane here, you can self-petition to have the condition removed if you were abused in the marriage. Failing to make it through the two year conditional period DOES NOT, by itself, render you ineligible to get the full green card.

There's a decent overview of the battered spouse self-petition process at:

http://www.womenslaw.org/immigrantsVAWA.htm#28

You can file the I-751 petition at any time after you get conditional LPR status - you do NOT have to wait until the 90 day period before the second anniversary. From the form I-751 instructions:
"Filing with a request that the joint filing requirement be waived. - You may file this petition at any time after you are granted conditional resident status and before you are removed."

Answer 2

I take it she was married to a USC for less then two years when she received her LAPR status. If two year has passed and she is still legally married then that is the purpose of the I-751. If she has been married for less than two years she will lose her legal status in the US because she did not fulfill her condition of marriage. It is sad to hear that she has an abusive marriage and that she is separated from her spouse, but this can and will severely affect her chances of staying here if the immigration service finds out. Again failure to comply with her two year conditional status.

I stress that if she has been here legally married to a USC for OVER two years then there should be no problem. The only problem I see is the USC spouse who will get interviewed by INS when she applied to remove her conditional status. He might say she married him for the benefit of a green card which might open up a case of marriage fraud, which is bad for your friend.

Another thing your friend has on her side is the BATTERED SPOUSE waiver, if it is proved. INS will rely on statements from witnesses, police reports, medical reports, pictures etc, which she should have should be be seeking help from this waiver. Good luck to your friend.

Answer 3

Your friend can file to remove conditions alone, but will need to file a Waiver of Joint Filing citing spousal abuse.

Your friend will not, however, be able to file any earlier than 90 days before the expiration date of her Conditional Permanent Resident card.

Answer 4

NO! She has to stay married to you for 2 extra years after the date of her everlasting position of living replaced into granted! After the second one anniversary YOU both could document I-751 at the same time. in case you 2 split earlier this time, really particular situations will practice to her being waiting to document on my own! IE You die or she will educate she replaced into abused through you . that's a well-liked paper which really calls for a minimum of two affidavits of two those who've first hand understanding of your marriage and a pair different user-friendly issues! she would could mail in her 2 3 hundred and sixty 5 days everlasting resident card ,then a 10 3 hundred and sixty 5 days one will be mailed to her! No interview for this very last step! one extra 3 hundred and sixty 5 days after she will qualify for citizenship, provided she continues to be married to you .

Answer 5

My friend went to the same situation. The police was called there was a case worker. Some Woman of this association for abused women hired an attorney for her and the attorney did everything. If you are going to try to do yourself I suggest consulting with the immigration. http://www.uscis.gov/. Called to get advice. Otherwise hire an attorney specialized in immigration.

Answer 6

Battered wife she will not have many problem we are very sympathetic country ,in your place get ins involved at an early stage come clean with them and it will be better off

Answer 7

screw the law just welcome her to this country with open arms like everybody should