QUESTION
How do I remove the condition of the temporary two-year green card without my spouse's signature?
Asked on Dec 05th, 2012 on Immigration - Michigan
More details to this question:
I married my husband in good faith in 2010 and we have a baby girl who was born in 2011. We have been having issues/arguments throughout our marriage. I finally decided to move out of the condominium because it was a stressful environment and I was not able to focus on raising our 16-month old child. I was trying to work our relationship out but my husband has been smoking pot and he didn't want to communicate with me about our relationship. I am currently living with his father and his wife. We are able to stay calm and enjoy raising our child. It has already been a month since I left the house and all he wants is once or twice of visitation of our daughter. (He never even made time for the baby or the family when I was still living in the condominium and now he is trying to make time for her) It seems like he has stopped smoking since I left, and I am asking him to make time for us to talk about our relationship, but he is still not making the time for us to talk. Meanwhile, my green card will expire on February 8, 2013. I have to apply to get the condition removed. My husband is not participating to sign the paper. The clock is ticking and I am afraid he will not talk to me until my green card expires and are trying to kick me out of the country. I do not want to get divorced if possible, but if he is not willing to work our relationship out, then divorce might be the only solution. He has already blocked our joint credit card, and changed his phone to a different provider, and our joint account is currently negative due to him not putting money in the account, and he has already opened up his own account. I am so heartbroken, and I do not know where to start.
8 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. You may be eligible to file without your husband's signature and/or may qualify under VAWA. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case, advise you of your options and make sure that the necessary paperwork and documentation is presented so as not to delay the process.
Answered on Dec 07th, 2012 at 2:15 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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You can apply for self petition without his signature. You can divorce.
Answered on Dec 06th, 2012 at 5:20 PM
You really cannot. Either you file jointly for the removal or you have to be divorced and then you can file separately asking for a waiver of the joint filing.
Answered on Dec 06th, 2012 at 2:30 PM
Immigration Law Attorney serving Staten Island, NY
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Law Office of Jeffrey Lisnow
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The place where you should start is having an in-depth consultation with an experienced Immigration Attorney. It is a small investment that may save a lot more down the road in terms of money as well as aggravation and worries.
Answered on Dec 06th, 2012 at 1:41 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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I would file for divorce immediately and then file to remove your conditions a few days before the card expires.
Answered on Dec 06th, 2012 at 12:48 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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The first thing to take care of is your legal status. Filing for removal of conditions on a green card must be done within the 3 months before the expiration date of the conditional green card, not sooner, not later. Generally, the U.S. spouse has to sign the papers; and you must show that you and your US spouse are living together (not just remain legally married). From what you stated in your question, you cannot apply successfully even if your husband changes his mind and agrees to cooperate: you will not be able to satisfy the living together requirement. In certain situations, the conditional resident spouse can apply without the U.S. spouse's cooperation. Under the circumstances you described, you should qualify. However, to apply for removal of conditions under this provision of law, you need to be divorced from your husband. The deadline for removal of conditions is excused if you apply after a divorce, but it makes sense to do it as soon as possible so you do not have to walk around with an expired green card (your driver's license is likely set to expire on the same date, and you would not be able to renew it until you get a permanent green card). The process is complicated and highly technical. I would not recommend doing it on your own. I understand your reluctance to divorce your husband. But you need to understand that it is your only way to retain your permanent residency. Also, if you divorce your husband and obtain a permanent green card independently of him, it might wake him up from the pipe dreams that he has you at his mercy. An attitude adjustment can lead to a restoration of your family on a healthier grounds.
Answered on Dec 06th, 2012 at 12:47 PM
You must be formally divorced for USCIS to approve a waiver of joint filing requirement. You can file the petition before you are divorced and USCIS will give you certain time to finalize the divorce but must deny you if you do not obtain a final divorce in time so that you would have to file all over once you are divorced. I recommend consulting with an immigration attorney before you do anything.
Answered on Dec 06th, 2012 at 12:47 PM
You should be able to get your 10 year green card. But you probably will need the help of a good immigration attorney. Consult with him or her about your options.
Answered on Dec 06th, 2012 at 12:46 PM