QUESTION
What can I do if my wife wants a divorce and I only have temporary residency?
Asked on Jul 12th, 2011 on Immigration - Texas
More details to this question:
If me and my wife got married and I was given a two year residency and then she wants a divorce after a year and a half, am I going to get deported? what can I do? I have been here for 3 yrs and my life is here and she is leaving me for financial reasons.
9 ANSWERS
2 Awards
You can self-petition to remove the conditions of residence after a divorce. There is a burden on you to prove the marriage was bona fide at the time it was entered into. You should consult with a lawyer to ensure the the proper timelines are met and the burden of proof is satisfied.
Answered on Jul 19th, 2011 at 11:17 AM
You can file application to remove condition of your green card by yourself. You need to provide evidence that your marriage was originally entered in good faith (not for immigration purpose).
Answered on Jul 19th, 2011 at 9:59 AM
You will have to file an application to have the condition on your permanent residence removed by showing that you had good intentions to make the relationship work and lived together in marital union for the past one and a half years. However, you must be formally divorced to file the application yourself instead of jointly. You should file the application as soon as your marriage was legally dissolved.
Answered on Jul 19th, 2011 at 9:14 AM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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You will need to apply for the I-751 petition without her, asking for a waiver. I handle cases like this all the time. As long as you can demonstrate that your marriage was valid and that it did not work out through no fault of your own. However these cases are very time sensitive, as you must file in the 90 days before your green card expires (ideally) and the divorce should be finalized or they won't approve your case.
Answered on Jul 18th, 2011 at 3:07 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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If you have your 2-year conditional permanent residence and you can prove up the bona fides of the marriage, then you can get your conditions removed without assistance from your wife. To file the I-751, you need to be divorced and have strong evidence of cohabitation and co-mingling of funds. You should get as much of this evidence as possible now, as once you file for divorce, you may no longer have access to joint documents and photos, etc.
Answered on Jul 18th, 2011 at 2:59 PM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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If you married for love and not for immigration purposes, in other words if you entered into marriage in good faith but your marriage failed, YES you can apply for a waiver of joint filing to remove the condition. Please consult with an immigration attorney because waivers of this kind are complicated.
Answered on Jul 18th, 2011 at 2:58 PM
Personal Injury Law Attorney serving Pooler, GA
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Jarrett & Price, LLC
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First, I am sorry to hear you are going through this difficulty. Under the two-year conditional residency card, you and your wife must jointly file the I-751 petition to remove conditions. However, if the marriage ends in divorce, you will need to ask for a waiver of the joint-filing requirement. This can be done, but there are circumstances that you need to prepare for and understand. You should speak with an immigration attorney regarding your case to develop a strategy for moving forward. Best wishes.
Answered on Jul 18th, 2011 at 2:45 PM
Immigration Attorney serving Torrance, CA
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Marie Michaud, Attorney At Law
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You will need to file the removal of the condition with a waiver, the good faith exception. You will need the proof the divorce has been filed, is pending or completed. You will provide documents to show you were living together such as bank statements, joint car insurance, joint health insurance, photos, etc. Make sure to have plenty of evidence of good faith marriage. Your wife doesn't have to sign the immigration forms.
Answered on Jul 18th, 2011 at 2:41 PM
You are eligible to file for a waiver. Contact an experienced immigration lawyer. Best of luck.
Answered on Jul 18th, 2011 at 2:28 PM