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I wanted to know how difficult the adjustment of status on a…

Customer Question
I wanted to know...

I wanted to know how difficult the adjustment of status on a cr1 visa will be if I get divorced

Lawyer's Assistant: What steps have been taken? Has any paperwork been filed with the U.S. government?

Not with respect to divorce. I came to the US on a CR1 visa in October 2017. We had a bona fide marriage but we cant seem to get along

Lawyer's Assistant: Have you talked to a lawyer about the visa?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Im trying to decide if I should wait to get divorced or initiate proceedings now but I don't know how either will affect my ability to remain in the US legally. When would I have to file to remove conditions? is it 2 years from when I arrived here or from when the visa was issued?

Submitted: 5 months ago.Category: Immigration Law
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Answered in 13 minutes by:
3/16/2018
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 5 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,897
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 5 months ago

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

When did you enter the U.S. on the CR1 visa?

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Customer reply replied 5 months ago
October 11, 2017
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 5 months ago

You should start the divorce process if you haven't already (it doesn't matter who starts it) and then you will have to file an I-751 waiver. Here is some information on that:

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

Focus on where it says, "If your marriage was terminated other than by the death of your spouse, you must submit the following:"

Here is a list of things that I like to give my clients and I know that you may not have all of these things, but the more you have, the better it is.

A letter where you describe, in a very detailed fashion, the circumstances in which you met your spouse, the reasons you married, and the feelings and emotions that you had or still have towards your spouse, and why.
If you have a child or children together, the birth certificate for each child.
Wedding pictures and pictures of other moments when you and your spouse, and other members of your families and friends have been together.
Very detailed letters from people who know you and your spouse and who are witnesses that your marriage was valid, who were at your wedding, or who knew you as a married couple.
Love letters or cards that you received from your spouse while in the relationship.
Letters from people addressed to both you and your spouse, or in which the person who wrote the letter refers to both of you as a couple.
Any types of documents that have both your names on them that show that you bought a car, a house, furniture, or anything else together.
Any rental or lease agreements for your home or apartment with both of your names on it or a letter from the building manager or owner proving that you lived together.
Bank or financial statements that show that you had or have a savings or checking account together.
Any insurance documents that show that you were or still are covered by your spouse's insurance plan, or that your plan covers or covered him or her.
Bills, such as electricity, water, heat, cable TV, phone, or others that show both you and your spouse's names.
Jointly-filed Income tax papers (both your names).
An identification card that shows that shows a common address.
Membership cards for video clubs, grocery stores or similar businesses, that show joint membership.
Any other documents that prove your relationship.

You will need to submit evidence similar to the evidence that you submitted at your marriage interview. You must prove that even though you divorced, your marriage was not entered into solely for the purpose of obtaining an immigration benefit.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 5 months ago

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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