QUESTION

Can I renew my conditional green card without enough evidence and divorce?

Asked on Feb 01st, 2013 on Immigration - California
More details to this question:
My husband brings me to USA in a fiance visa we got married bu I stayed with my parents cause a small problem. So I have nothing to. Prove we were together except he went to jail on a domestic violence. Can I renew my conditional green card? I have it only six months. If he give me divorce, or report to immigration. Can they revoke it?
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4 ANSWERS

Rebecca T White
You need to speak with an immigration attorney regarding either filing an I-751 or other options. Most likely you will be able to satisfy documentation requirements.
Answered on Mar 06th, 2013 at 2:24 AM

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Did he commit domestic violence on you? If so, you may also be eligible to petition for yourself as a battered spouse of a US citizen.
Answered on Mar 06th, 2013 at 2:04 AM

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Adebola O. Asekun
You may be able to file a Form I-751 petition to remove the conditions on your green card on your own and without the support of your husband. But to do so, you will have to prove that your husband was abusive. The fact that he was jailed for domestic abuse helps you in that process. I must however warn, CIS may need additional evidence that your marriage was genuine as well as other facts to support his abuse. You stated that you do not have much in terms of other documents and I strongly suggest you consult with an experienced immigration attorney to help you. Filing I-751 without your husband, though possible is not as simple as you may think especially where you do not have sufficient documentation. If your petition is denied, DHS will terminate your green card and put you in deportation proceedings.
Answered on Mar 06th, 2013 at 1:24 AM

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Yes, you may be able to get a permanent green card depending on the circumstances. You may not need to get a divorce but you will have to bring all your immigration papers and his court documents to an Immigration Lawyer for review to determine what options are available to you.
Answered on Mar 05th, 2013 at 11:34 PM

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