My wife is on "conditional permanent status", and will expire March 2013.I will not be a part for joint removal of her conditional status.She did not lived/co-habit with me after our Sept 2010 marriage. She filed a divorce proceeding last month,I found out also that she's still married(Philippines) at the time of our marriage. She's now asking me to provide her with some materials that will help her in her case. I'm afraid that if I give in, USCIS will interpret it that I'm conniving with her. Her lawyer is bragging to her that by chipping in another $500.00 I will be forced to give in to her request.
Thanks for any consideration regarding this matter.
Normally, your wife could apply for her permanent card (renewable in 10-year intervals) without your help.
She received the two-year conditional permanent resident card only because she became a permanent resident within two years of your marriage.
She must apply to remove the condition in the 90 days before her two-year card expires. To remove the condition without your signature, she will need to prove one more of the following: she entered the marriage in good faith, the marriage was bona fide or "real" and the marriage was terminated by divorce or annulment.
There is no rule that says you MUST assist her in removing conditions from her GC. In fact, based on the fact that you say "she did not live with you..." you do not have a bonafide marriage for immigration purposes.
Further, if she was still in a marriage, your marriage would be void as a matter if law. Providing this information about this fact would surely doom her chances for removing conditions. Even more, she may have other problems since she signed the documents under penalty of perjury.
Do consult with an experienced immigration attorney for guidance in this matter. You may want to consult one with experience in family law too.
Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info
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I agree with my colleague.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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I agree with attorney Smith and would add that if you know she is still married to someone else and she never lived with you AND you go ahead and file a joint petition with her, USCIS would assert that YOU would be committing fraud.
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
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