What happens to adjustment of conditional status after divorce? 9 Answers as of January 17, 2011

My wife Divorced me before the end of the two year period. We had already jointly applied and I got the conditional resident status. What Documentation do I need to file my petition to remove the conditional status to a permanent resident and what proof will the Immigration Officers need from me to prove that my marriage was legit? We did not have any children nor did we have any property together. We only had Joint account, which I closed after the Divorce. Please assist, thank you.

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Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
You can file the petition to remove conditions without your spouse. We would need to review your case to see what other evidence can be used to prove that it was a legitimate marriage, and that the marriage did not end because of you.
Answer Applies to: Florida
Replied: 1/17/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
The burden is much higher on you to self-petition and show not only there was a divorce but that the original marriage was entered into in good faith and not fraudulent. This self-petition is to keep your green card after a divorce but before the ten year card is issued. These are very approvable but you need to pull together everything you can think of to show you actually lived together - joint assets, debts, credit cards, bank accounts, water bill, Costco card, lease or mortgage documents, joint health insurance, car insurance, joint taxes, pictures of family events for trips, events with the two of you in them, etc. I would strongly recommend having an attorney represent you in this self-petition process.

We do charge for consultations and you can schedule one by calling my office below to select a convenient time and date. $350 per hour is the consultation fee; but whatever you pay for the consultation would then be a credit toward the fees for your case if you retain us to do work beyond the consultation.
Answer Applies to: California
Replied: 1/10/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
You need to provide anything that shows that you and her resided at the same address. Taxes, insurance, affidavits, photos etc
Answer Applies to: Florida
Replied: 1/8/2011
Law Office of Baoqin Wang
Law Office of Baoqin Wang | Baoqin Wang
You need to collect as much evidence as possible to prove your bona fide marriage relationship, including joint accounts, joint utility bills, letters, support from family and friends. With the help from a qualified attorney, you will sure make a stronger case.
Answer Applies to: Oregon
Replied: 1/7/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
Without knowing more about you or your relationship, the answer is that you need to submit documentation that shows your relationship and subsequent marriage was bona fide. I generally advise clients to look for evidence that shows cohabitation, comingling of funds, shared insurance, and even evidence of a more personal nature such as letters, cards, emails, and photos. Everyone's life is different so those documents vary greatly depending on the relationship. Even you did not own a home together, surely you lived somewhere and there must be evidence that you both were occupants.
Answer Applies to: Virginia
Replied: 1/7/2011
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    If you are divorced you can file the I-751 and ask for a waiver of the joint filing requirement. You will be called for an interview regarding the application to prove that your marriage was bona fide. This is the type situation in which you should retain an immigration attorney to represent you because of the lack of joint documents.
    Answer Applies to: California
    Replied: 1/7/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    You need to arrange for a consultation with an attorney who handles immigration matters in order to review your documents and the relevant facts in this matter involving the removal of your conditional status.
    Answer Applies to: Virginia
    Replied: 1/7/2011
    JCS Immigration & Visa Law Office
    JCS Immigration & Visa Law Office | Jack C. Sung
    You should have a lease agreement showing that you were living together gather photos and correspondences during marriage find bills in both names. declarations from knowledgeable parties. My office prepares the declarations for many clients whose English aren't very good.
    Answer Applies to: California
    Replied: 1/6/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    You will need your wife's signature to file for the lift of restriction. Sorry, if you divorce her now, your green card will expire in two years after it is issued. Of course, there will be exceptions. You are welcome to contact us for assistance.
    Answer Applies to: Florida
    Replied: 1/6/2011
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