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Conditional residency and divorce.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 Attorney answers (2)
Reputation Level 17
Answered over 3 years ago.
Immigration Attorney in Cleveland, OH.
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.
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Reputation Level 14
Answered over 3 years ago.
Immigration Attorney in Newport Beach, CA.
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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