How soon can I apply for a green card if my wife agrees to sign the papers and say we are still together

New York, NY Viewed 1170 times. Posted about 1 year ago in Immigration

Unfaithful Wife: Hi, I am originally from india and I got married in dec 2006. I got my greencard which expires on 20th feb 2009. Me and my wife r going through a tough time and she wants divorce because she has fallen for someone else. We have been having prob since last 3 months and originally she agreed to stay married till I get my greencard but now she is insisting on getting the divorce....my question is how soon can I apply for greencard if she agrees to sign the papers saying we r still together...also how long does it take after that to get the greencard?? - Is this your question? Add additional information

Answers (1)

Robert Philip Webber

This attorney is licensed in Minnesota. Posted about 1 year ago.

My understanding of the facts here are that you are a citizen of India and you immigrated to the United States based on a marriage to a US citizen, and now your US citizen wife wants a divorce during your 2 year conditional permanent resident period. Is that it?

It is possible to file an I-751 petition to remove conditional residence without both spouses, but you need to get a waiver of your spouse's signature. You need to show that you entered the marriage in good faith and that the marriage did not work out.

This is a complex situation and is one for which a local lawyer, familiar with the requirements, can add value.

The timing of the divorce, if any, is sometimes a tricky consideration in these cases, and so you definitely want to consult a lawyer in your area about this. There are actually instances where it is better to be divorced prior to filing the I-751, rather than separated, or in the process of being divorced. But again, you should seek qualified legal counsel on these issues.

You can read Form I-751's instructions, including a brief discussion of the waiver concept, here:

http://www.uscis.gov/files/form/I-751instr.pdf