QUESTION

What happens if someone will not sign a 2 year conditional visa?

Asked on Jun 09th, 2011 on Immigration - California
More details to this question:
I married a US citizen and got her here on a conditional visa. My 2 year renewal is coming up. I have a son that was born in the US. My wife is refusing to sign the conditional removal. Can I still stay in the US because of my son or will I get deported?
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7 ANSWERS

Immigration Law Attorney serving New York, NY
You can self-petition but to perfect your permanent residence you will need a divorce. I have been in practice in the immigration field for more than 40 years. I have handled cases with experience, integrity, and good effect. Please call me to discuss your case. The assigned number for your free case evaluation: 0613d. We offer payment plans with no interest.
Answered on Jun 14th, 2011 at 8:56 AM

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Immigration Law Attorney serving Dallas, TX at Verdin Law
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If you get a divorce, you can file an I-751 waiver.
Answered on Jun 13th, 2011 at 10:49 AM

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Immigration Attorney serving Newark, NJ
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Why is your wife refusing to sign? You may be able to petition on your own if you can qualify as a battered spouse (physically, emotionally or mentally) or if you have a divorce pending or finalized. I highly recommend consulting with an immigration lawyer ASAP. Call me for a consultation.
Answered on Jun 13th, 2011 at 10:49 AM

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If you are married, you have to have your spouse sign the paper to remove the condition on your permanent residence. The alternative is to get divorced, and then request a waiver of spouse's signature. Or if spouse abused you, you can apply as an abused spouse. If you don't file anything before the green card expiration date, you might be put into removal proceedings. Please seek attorney's help at your earliest.
Answered on Jun 13th, 2011 at 10:20 AM

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LCA Audits and Investigations Attorney serving Houston, TX at Fong Ilagan
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If your wife is not cooperating on the I-751 removal of conditions, and you are divorced; you can file the I-751 on your own requesting a waiver of the joint filing requirement based on a "good faith" marriage. Show that you have a child together, cohabitation and co-mingling of funds and you should be approved.
Answered on Jun 13th, 2011 at 9:47 AM

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Immigration Attorney serving Torrance, CA at Marie Michaud, Attorney At Law
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There are 4 ways to get the removal of the condition done. Here they are from the easiest to the most difficult: 1. Live together with your spouse + get along. The American citizen signs the paper together the Alien spouse. Provide proof you got married in good faith. 2. File for divorce. Only you sign the form. Explain why the relationship is not working. Provide proof you already filed for divorce. Provide proof you married for the right reasons (joint documents). Later, the USCIS will ask for your final judgment of dissolution. 3. Domestic abuse. Must show you were abused. Must also show you got married for the right reason. (No need to file for divorce). 4. Hardship. Must explain your hardship and all the bad things that will happen if your removal of the condition is denied. Document it well. (I personally used this one only once). Good luck.
Answered on Jun 10th, 2011 at 11:34 AM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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If she refuses to sign I-751,petition to remove condition, you should file divorce and then file I-751 yourself based on good faith marriage exception to file joint petition. If you can show the marriage is bona fide, CIS would still approve your petition.
Answered on Jun 10th, 2011 at 11:34 AM

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