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

Asked 12 months ago - 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. Karen-Lee Pollak

    Contributor Level 19

    5

    Lawyers agree

    Answered . 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. Gintare Grigaite

    Contributor Level 18

    4

    Lawyers agree

    Answered . 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... more
  3. Alexus Paul Sham

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more
  4. Laura L Lichter

    Contributor Level 13

    3

    Lawyers agree

    Answered . 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... more
  5. Robert West

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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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