Skip to main content

Can I divorce her now without affecting my future applying for the permanent green card? Do I have to file taxes with her?

Louisville, KY |

I have a conditional green card. My wife threatened a person with killing before. This was last year and she went to the court for that. Therefore, she stayed on a watch for 60 days, during this time she went out, and got arrested for leaving the house. They had sent her to jail for the rest of the 60 days.
She also threatened me of killing. She told me that she will shoot me with her gun.
Now, 2 month ago, she got shop lifting , and the judge gave her a month on the watch starting next month.
I can not live with her anymore because of what she is doing and going to jail, doing wrong things.
I am a good person and my background is clear, but I can not stand her anymore.

Q) What will be the reasons for divorce for applying for the permanent green card?

Attorney Answers 3

Posted

Two separate issues. The grounds for divorce depends on whether your state has fault based divorce or not. The Immigration case will require you to prove the good faith of your relationship. You definitely need to contact an Immigration attorney. The I-751 removal of conditions is a very import and delicate matter.

Mark as helpful

3 lawyers agree

Posted

The form that must be used to apply to remove the conditions of your residence is Form I-751. You may qualify for an I-751 waiver if you get divorced, but can prove that you entered into the marriage in good faith and/or you can prove "extreme hardship" or "battery or extreme cruelty." These terms have legal definitions and you have to meet legal standards in order to qualify for the waiver. Timing is also very important. It is important to evaluate factors such as: how long you have been married, whether you have children, whether there is proof of her ill treatment towards you, when exactly your green card will expire, how long it takes to get a divorce in your jurisdiction, and who will suffer hardship if you green card were not approved, etc. Therefore, it is best that you meet with an immigration attorney and develop a strategy that is best for your particular situation. I know my response is very general in nature, but the "answer" to a question like this is extremely fact-sensitive.

Mark as helpful

3 lawyers agree

Posted

If you divorce her before obtaining the permanent card, you will need a waiver of the joint filing requirement. You can explore the grounds for divorce with a family lawyer licensed in your state. Some of her threats may be grounds for extreme cruelty ground for divorce ( especially if she has threatened to kill you).

This answer is for informational purposes only and should not be construed as legal advice.

Mark as helpful

2 lawyers agree

Tax law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics