QUESTION
What can I do if I don’t get an extension for my green card?
Asked on Feb 24th, 2017 on Immigration - Georgia
More details to this question:
I married a US citizen, had children with him, got a green card after K1 visa, got divorced 2 years later and was awarded sole custody of our children. However, judge said it'd be in the best interest of the children to remain in the US. I’m from Spain. My green card expires in 3 months. I sent my ex-husband a form to renew it for 1 more year, however, what if I don't? Will I be able to move to Spain?
1 ANSWER
Although not completely clear from your question, I presume that you were approved for Conditional Resident Status (a "two-year Green Card") and now you have sought your former husband's cooperation in applying with you in a Petition to Remove Conditions. If that is so, then be aware that you do not need your former husband's participation, and in fact you will need to timely file a Petition to Remove Conditions with a request for a waiver of the usual requirement that a U.S. citizen spouse jointly file that petition. Of course, there are many additional considerations to take into account to determine the right course to take, the time for taking those steps, etc. There really is no substitute for you to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
Answered on May 15th, 2017 at 10:45 AM