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Ratings. Guidance. The Right Lawyer.
Conditional residency and divorce.
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Posted about 1 year ago in Immigration
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immigration..!:
My friend's greencard will expired soon, she only have the two year greencard and she's on process of divorce right now, is it okay for her to file the I-751 eventhough her divorce is not finalized? Is it Fraud if she filed it jointly with her ex husband because they're not together anymore? Thank u
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Answers (2)
Philip Alan Eichorn
This attorney is licensed in Ohio.
Posted about 1 year ago.
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Your friend should seek to file jointly now and then file with the waiver (good faith) after the divorce is finalized. They must file within the 90 day time limit otherwise CIS can terminate the conditional resident status and place her into removal proceedings.
Please contact an experienced immigration attorney to discuss the details. 
David Dene Murray
This attorney is licensed in California.
Posted about 1 year ago.
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This case is a matter of timing and the willingness of the US citizen spouse to cooperate. Seek counsel from a qualified immigration lawyer to guide you through the complex maze of regulations that were poorly drafted and do not adequately address this type of situation.
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