QUESTION

Will I be able to finish immigration process if my wife left me for a woman?

Asked on Apr 28th, 2014 on Immigration - New Hampshire
More details to this question:
We have been married for 3 years, and have a child together. However, my wife has struggled with sexual confusion for most of her life. In January my wife left me for another woman, asking me to leave our home. I am interested in continuing a parenting relationship, but she has made it obvious that our sexual/romantic relationship is over. How is this going to effect my immigration status? What can I do to be able to stay in the US legally, and to remain in my daughters life?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Since you have a child together, you should be able to finish the immigration process even if your wife left you for a woman. (I assume that you already have at least the conditional green card). To remove the conditional basis of the residence card, you can obtain a divorce and file under the category for having had a bona fide marriage which has ended in divorce. As to how to remain in your daughter’s life, you would have to take that up with your wife and that may become the subject of a divorce action on the question of custody. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 17th, 2014 at 5:02 PM

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