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How do I file I-751 for Removal of Conditions when currently not living together for a period of time?

Los Angeles, CA |

My husband and I married in May 2010, I received my conditional greencard in June 2011. Things have not been going well lately so we decided to give each other time and space to figure things out. For that reason we are currently not living together. We are still married and don't know yet if we want a divorce or not.
My conditional greencard expires early May 2013 and my questions is about how to fill out the form I-751. Can we file the petition together as joint petition or how do we treat this matter?
Thanks so much in advance for your answers!!!

Attorney Answers 3


  1. Best answer

    If you reunite, you can file a joint petition. However, if you divorce, you need to file a joint petition waiver. However, you need to decide which path to take quickly.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  2. You look around here on AVVO. FInd an immigration attorney from your geographic area, write down the phone number and call. Make a consultation and eventually hire the attorney to handle this very complex matter for you.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. I agree with my colleagues.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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