QUESTION
What are my best options if I am in the 90 day period before my GC expires?
Asked on Sep 08th, 2013 on Immigration - New York
More details to this question:
I am conditional resident who was about to apply for the condition removal (I-751). My US citizen wife just told me she is pregnant and the she is been cheating on me and that she knows the baby she is expecting is not mine. We had plans for kids in 2014 because we were saving for a house and also I wanted to finish my Engineering Degree, so I was making sure she did not get pregnant. Long story short, I am supposed to file for the I-751 now. How should I approach this? Please advise I am desperate. My life is destroyed at this point.
7 ANSWERS
Civil Litigation Attorney serving New York, NY
at
Havens & Lichtenberg PLLC
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You have three viable options: - to get a divorce and forfeit your green card; - to try saving your marriage; or - to try saving your green card despite the dissolution of your marriage. Specifics are highly confidential, and it is impossible and highly unprofessional to properly advise you on an open forum. Think carefully, what do you want: do you want to get a divorce and go home, or to stay in the U.S.? How strong is your wish, what are you willing to do to get it? Do you have any good feelings for your wife left? Could they be sufficient to try salvaging your marriage? Can you forgive your wife's transgression? Speak with your wife (if you still can) and find out how she feels about this situation, your marriage, and you. How doe she feel about the fact that, by bringing your marriage to a brink of destruction, she jeopardizes your ability to live in the U.S.? Would she be willing to work with you on saving your marriage - for the sake of the feelings she once had for you (and might still have) or as a way to minimize the hurt she caused you? When you have answers to these questions, make an appointment with an immigration attorney. If your wife is willing to work with you on resolving this situation, it would be better if she came with you to the appointment.
Answered on Sep 11th, 2013 at 8:56 PM
It all kind of depends on whether you plan to work things out with your spouse in which case you can still file or if you are going to be getting a divorce, in which case you would have to file separately asking for a waiver of the joint filing.
Answered on Sep 11th, 2013 at 1:50 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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You need to consult with an immigration lawyer on your options. Are you and your wife staying together or divorcing? This will determine whether you file the I-751 jointly or get divorced and self-petition with a waiver.
Answered on Sep 11th, 2013 at 2:36 AM
Immigration Law Attorney serving San Francisco, CA
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Law Offices of S. Ouya Maina
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I am so sorry to hear of this devastating news. If you are not going to reconcile with your wife, once you have divorced you can file a good faith waiver I751 on your own. You can do this even after the Green Card has expired. Speak to an attorney so you can learn the details of filing using this process.
Answered on Sep 10th, 2013 at 11:55 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You can apply for a divorce and petition on your own for a good faith waiver.
Answered on Sep 10th, 2013 at 10:51 AM
Consult with an attorney. You should be able to keep your green card.
Answered on Sep 10th, 2013 at 9:32 AM
You can read instructions to form I 751 and see how you can qualify for removal of the condition; or you can call an attorney and choose the way to handle it.
Answered on Sep 10th, 2013 at 8:49 AM