Asked on Feb 17th, 2012 on Immigration - California
More details to this question:
I am currently on the CR1 green card. I have not been living with my wife since last 11 months due to some family problem and personal issue. I am trying to talk to her but she is not responding. I think she is no longer interested in this relationship. She is not ready to give me divorce also. My green card is expiring in January 2013. What should I do to remove my condition without her help?
Please seek a full consult with a competent immigration attorney in your area to review. This is a complicated case and you need to have a full consult instead. As long as your marriage was real and you are not the reason the marriage fell through, you can apply on your own.
You need to divorce and then file the I-751 removal of conditions requesting a waiver of the joint filing requirement based on a good faith marriage. State family law should allow you to divorce, even with an uncooperative spouse. Consult with both an immigration lawyer and a family lawyer.
You can always file for divorce even without her support. I would try to file for the divorce and then apply for the green card on your own. This way you don't need to count on her to get the 10 year green card.
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