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Can I file as married but separated to remove my conditional green card

Las Vegas, NV |

I've been married to my wife for three(3) years.I had my conditional green card in march and I'm supposed to renew it coming this december but we have been having so much problems now so my wife moved,can i file as married but separated or what do I do ?

Attorney Answers 5


  1. You can file on your own if you are divorced and produce your divorce decree. If you are still married even if separated you have to file jointly otherwise the application will be denied.


  2. The requirement is that the petition must be filed jointly, unless you qualify for a waiver, and one of such waivers is a legitimate divorce, not a separation. Please consult with an experienced immigration lawyer before you file a petition to remove conditions.

    Follow Gintare Grigaite, Esq. on Facebook (search for Gintare Grigaite, Esq.). Contact immigration lawyer Gintare Grigaite, Esq. of Grigaite & Abdelsayed, LLC at 201-471-7989, located in New York and New Jersey, for a consultation about your immigration case. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.


  3. I agree with my colleague. As long as you are married you need to file jointly.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


  4. If you're married, but separated, you're still married and must file a "joint" application. That means you reveal that you are separated, and have your spouse sign the application with you, regardless of whether you intend to stay married or not.

    If your spouse will not sign, then you have to apply for a waiver of that requirement. Given that you are having issues, it would be a very good idea for you to talk to an immigration lawyer (and maybe a divorce lawyer, too) to see what you can do now to protect yourself. Even if things are relatively ok now, people have been known to get a bit irrational when there's a divorce happening...

    This answer provides only general information and may not be relied on as legal advice. For more information about immigration law and policy, please visit www.lichterimmigration.com or follow us on twitter (@lauralichter) or facebook, www.facebook/lichterimmigration. To find an immigration lawyer in your area, log on to www.ailalawyer.com. Listed attorneys have been members of the American Immigration Lawyers Association, the nation's premier bar association for immigration lawyers, for at least two years, comply with annual continuing legal education (CLE) requirements and carry malpractice insurance.


  5. As long as you are married, you need to file jointly. If you divorce, you can file on your own. Make sure you have a well documented case in order to be granted permanent status. I see that you are local. if you would like to discuss in depth, please call the office to set up a consultation.

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