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Conditioned green card- my wife is leaving me..

El Paso, TX |

Before I met my wife I lived in Mexico and had a good job and an okay life I was in no need to move to the states - she pressured me into getting married to her , I finally agreed and I even accepted the fact that she has a daughter whose dad has never cared for her so I supported both on and off because the child mostly lives with the grandparents in Mexico , 2 months ago my wife said she needed her own space so she has decided to get separated, there has been no violence or anything she says its her not me, she says we will get back together eventually but now needs her space, my conditioned green card expires in 2014, I have a good job and I have provided always, of course it is a bonafide marriagemthere was no wedding due to lack of money, need to know if this will affect my renewal

Attorney Answers 3


  1. You will need to be able to prove that this is a real marriage to be able to remove the conditions to your residence. You better start putting evidence together to prove this in case the things with your wife dont improve.


  2. You need to get divorced first as a pre-condition to filing your waiver to obtain your permanent green card (10 year card) which is proved by documents showing you married your wife for bona fide reasons.


  3. I agree with Mr. Sandoval. When you apply to lift the conditional residency, you will need to prove that the marriage was entered into legitimately. You should start documenting this in the event that you and your wife do not reconcile. Such evidence can include, but is not limited to, pictures, cards to one another and to each others' families, lease agreements and utility bills with both names on them, joint bank accounts ,credit cards and the like. I suggest contacting an immigration attorney when you are ready to apply to lift the conditional residency to help you with the process and to help you gather all documentary evidence that will be helpful in your particular case. Best of luck!

    This answer provides only general information and may not be relied on as legal advice. For more information please visit www.yklawoffices.com or contact The Law Offices of Yasmin Kayiran at (323) 370-6136 or ykayiran@yklawoffices.com.

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