Removal of Conditions FAQs
What happens if me and my spouse file together, but separate prior to the adjudication?
In Florida, there is no legal separation. You are either married or not. It is imperative an applicant update USCIS with their current situation, as well as an explanation. The case will likely be amended to a waiver filing, an attorney review is recommended.
What happens if I am called for an interview, but we are no longer together?
You should still attend your interview, but you will need to be ready to amend your application and prove you entered the marriage in good-faith but it has ended. We have clients reach out to us quite often for this and can attend the interview with the client.
How long does the removal of conditions process take?
Currently the process is taking 13-19 months.
How can I prove my status if my two-year green card is expired, and my 751 case is pending?
When an applicant initially files the I-751 application, he/she will receive a receipt. The receipt will extend one’s status for an additional year. Currently, USCIS is behind, and some extensions are being issued for 18 months.
Can I travel while the case is pending?
- The short answer is yes, if the case was filed timely and you are within the extension period of the I-751 receipt
- DO NOT TRAVEL if you have criminal history without consulting with an experienced immigration attorney.