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Can I file I-751 together when I have I have filed for visitation rights for our daughter?

Asked about 3 years ago - Kansas

I am on a conditional greencard based on marriage. My wife recently moved to other town to pursue her career goals with our daughter (she is not going to return). To enforce my visitation rights with our daughter I need to file for divorce. However, To keep open chance of resuming marriage in future and to protect my chance of permanent green card i dont want to file for divorce.

So, I am thinking of filing for the visitation rights under Unified Child Custody Jurisdiction Act (it wont divorce us but determine my visitation rights and child support responsibility). I might be able to file I-751 together (despite child custody orders), is that practical? How does it look to file I-751 together and at the same time have 'defined' custody rights and child support terms? How it will affect my visa case; how USCIS will react to this? what is my option otherwise to see my daughter without losing chance of permanent green card?

Any other comment, suggestion welcome. Thanks.

Additional information
Married July 2006, Became conditional resident Augut 2007,
Daughter born on June 2007; Removal of condition scheduled August 2008

Wife says, "its only temperarory separation until we find a job in the same town." I am afriad that not going to happen. My fear is she is only trying to change 'residency' of our child.

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Attorney answers (1)

Philip Alan Eichorn

Reputation Level 17

Answered about 3 years ago. Immigration Attorney in Cleveland, OH.

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The regulations require the filing of the I-751 within three months of the two year anniversary of the conferring of the conditional resident benefit. The I-751 must be filed jointly; signatures of both parties and evidence of a continuing bona fide marriage. If you are not living together, but are not separated, there will be a higher level of scrutiny on your case. If you get divorced, you can request a waiver of the joint filing requirement.

Based on the circumstances presented, please consult with and consider hiring an immigration attorney to assist you in the preparation and submission of the I-751. Attorneys who practice immigration law are practicing federal law and therefore you can hire an attorney from anywhere in the country (as long as he/she is licensed).

www.eichorn-law.com

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