removal of condition

[gimlet]

What is the name of your state? FL

Hi,
I got married in 2000, and filed for removal of condition in 2002. It still is pending, they say it's at Jacsonville office waiting to be scheduled for interview. I still haven't got anything yet from them about interview. I had to go up there last summer to get another year extention, and I need to go up there by aug 5 to get another extention if everything doesn't go through by then. It's more than 6 hours drive from where I live, and it was pain to go over there (drive through the night with 2 kids -one is 3 years old- in the car), plus the lady at the window was so rude...I hated it!
Anyways, my question is, that how long does it take to get it done normally?
Me and my husband is talking about separation/divorce. If that's the case, do I get deported? I have a child with him, I have a job, me and kids have life here. What can I do to not get deported if that's the case?
Is there any way I can make them hurry up??

 

[MrKee]

What is the name of your state? FL

Hi,
I got married in 2000, and filed for removal of condition in 2002. It still is pending, they say it's at Jacsonville office waiting to be scheduled for interview. I still haven't got anything yet from them about interview. I had to go up there last summer to get another year extention, and I need to go up there by aug 5 to get another extention if everything doesn't go through by then. It's more than 6 hours drive from where I live, and it was pain to go over there (drive through the night with 2 kids -one is 3 years old- in the car), plus the lady at the window was so rude...I hated it!
Anyways, my question is, that how long does it take to get it done normally?
Me and my husband is talking about separation/divorce. If that's the case, do I get deported? I have a child with him, I have a job, me and kids have life here. What can I do to not get deported if that's the case?
Is there any way I can make them hurry up??

The answer to your last question is no. There is no way to make the Jacksonville BCIS office speed up a petition. My wife just got her AOS approved after nearly 2 years of waiting. (If they would have delayed just one more week, she would have gotten the 10-yr non-conditional green card).

I am assuming you've already been through the first round of AOS approval and got 2-year conditional status. Your pending petition is for removal of conditions, correct?

I don't think you have much to fear as far as deportation is concerned, especially since you've already received your conditional green card. All that you can do at this point is wait for Jacksonville. I know it seems like it takes them forever.

Did you file for removal of conditionals within 90 days of the expiration of your 2-year green card?

MrKee

 

[gimlet]

yes I have 2 year greencard which expired nearly 2 years ago!
and yes I did file for removal of condition within 90 days of expiretion date.
It's been real pain because I am worried about everything when me and my husband get separated or get divorced, I have no idea what's gonna happen.
It seems all too unfair to me that I have to go through all this for his unfaithfulness and unwillingness to work things out...
My husband says that he'll get the custody of our 3 years old son if he wanted to because i'm not citizen. is that ture? Throughout this marriage I have been the one to take care of the kids. As stay-at-home mom for 2 years and even after I started to work, I'm the one take them to schools, pick them up from school/daycare, cook, bathe, read stories, take them to places (with my income-all he pays for family is rent and some food, most of the time since I started to work). How can it possible for me to lose custody sorly based upon my status of sitizenship??

 

[phwl]

Unfortunately, the conditional marriage is exactly what is means. It is conditional based on your continued marriage to the same person you married and filed your petition with. If you are not married at the time you are petitioning to remove the conditional status, your application for permanency will not be granted.

I would contact the service center to see what they have on your case and why it is taking as long as it is. Have you tried to check the status yourself online?

 

[LegalBeagle]

It seems all too unfair to me that I have to go through all this for his unfaithfulness and unwillingness to work things out...
My husband says that he'll get the custody of our 3 years old son if he wanted to because i'm not citizen. is that ture? How can it possible for me to lose custody sorly based upon my status of sitizenship??

What do you mean unfair? It was YOUR choice to have a child with this man before being 'stable' .. in the event that the marriage did not work out, then you are free to return home to your country of origin.

Citizenship has nothing to do with custody. Since you have been the primary care provider of the child, then it is unlikely you would lose custody. I suggest that you explain to your husband that it is in HIS best interests to ensure that you get your green card.

 

[gimlet]

Unfortunately, the conditional marriage is exactly what is means. It is conditional based on your continued marriage to the same person you married and filed your petition with. If you are not married at the time you are petitioning to remove the conditional status, your application for permanency will not be granted.

I would contact the service center to see what they have on your case and why it is taking as long as it is. Have you tried to check the status yourself online?

I did check the status online but it didn't show up. So I called the 1-800 number and they said my application is over at Jacsonville office waiting to be scheduled for interview. It's been almost a year since I checked, I did write a letter to Jacsonville office recently, I haven't got any responce yet.

 

[gimlet]

re

What do you mean unfair? It was YOUR choice to have a child with this man before being 'stable' .. in the event that the marriage did not work out, then you are free to return home to your country of origin.

Citizenship has nothing to do with custody. Since you have been the primary care provider of the child, then it is unlikely you would lose custody. I suggest that you explain to your husband that it is in HIS best interests to ensure that you get your green card.

Yes that is true...it was my choice, as well as his choice. I understand that I am free to return home to my country of origin also. I just am trying to do what's best for my children as far as him involving as a father.
What I meant by "unfair" is that I never did anything to harm our marriage. I did not cheat like he did, I did not spend all the money and let the children eat only rice and rice seasoner for 2 weeks, I did not mess up our credit by not sending the bills, I did not call him nasty names....instead, I was stay at home mom for 2 years to take care of our child, did not spend anything for myself, (he even gave me hard time for my maxipads that I needed to buy), I got a job to help him out which has benefit that I didn't have to pay for childcare, I paid bills when he couldn't pay the bills eventhough he makes 3 times as much as more money I make, due to his overspending habits, work around the children since he won't take care of them physically because he's too busy watching TV or chatting with naked ladies online or sleeping all day... I was the one attenpted to work things out eventhough he's the one messed things up...I guess he just doesn't want me anymore, for some of reasons and I can't figure it out why, maybe that's my problem right there...I don't know! PPL who know us says I spoiled him too much, I was too good to him so he got used to it and forgot to appliciate it. I dont' know. I feel that I'm a failer and failed to keep this marriage together and provide our children good stable home.
Well now I'm out a way from this bord's topic so I should stop.

Thank you everyone for posting!!

gimlet