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I am permanent resident since July 2012. Husband is citizen and has been getting abusive. CAn I divorce?

Orlando, FL |

I am permanent resident since July 2012. Husband is citizen and has been getting abusive. If I apply for and obtain a divorce , at what point can I file for the I-751? Can I do that now or do I have to wait until the two years is up?

Attorney Answers 7


  1. An abused spouse can file without the knowledge or consent of the original petitioner to remove conditions as an exception to the joint I-751 filing requirement. Schedule a consultation to discuss this with an experienced immigration attorney.

    Jeff Khurgel
    Khurgel Immigration Law Firm -- Representing Clients in All 50 States
    Office (949) 509-6515
    Web www.khurgel.com
    Email info@khurgel.com

    Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance -- Khurgel Immigration Law Firm -- Representing Clients in all 50 States and Worldwide / 4199 Campus Drive, Suite 550 / Irvine, CA 92612 / Office: (949) 509-6515 / Direct: (949) 535-6331 / Web: www.khurgel.com / Email: info@khurgel.com / Attorney Khurgel is a former USCIS and Department of State Embassy Officer.


  2. You may file a request for a waiver of the joint filing requirement at any time. Consult with an immigration attorney for more information.


  3. I-751 is filed during the 90 day window before the expiration of your conditional green card. Speak with a lawyer now to determine whether you will be filing based on abuse or the divorce. Most importantly stay safe.

    Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.


  4. The earliest you can file for your 751 is always three months prior to the two year anniversary. For you, this would be April, 2014. Hire an attorney to assist you with this because your application will be complicated.

    William Quirk, Esq. Meehan & Quirk, LLC 354 State Street, Hackensack, New Jersey (201)968-0800 http://www.meehanquirk.com The answers to questions provided by Mr. Quirk are for general purposes only and do not establish an attorney-client relationship. This information is for informational purposes only and does not form any relationship between the individual asking the question and the attorney. You should investigate and consider all possible outcomes with a skilled individual before making a final decision.


  5. Hello Ma'am. If you file based upon a divorce, then according to the case law, you need not wait until the last 90 days of your 2 years conditional residence in order to file the I-751. But you must prove that you entered the marriage with the intent to establish a marital life together and not or acquiring a green card. This will require proof and alot of preparation. My suggestion in these cases is to hire an immigration attorney immediately while you still have access to the evidence. best regards,


  6. When you are permitted to file depends on the type of filing. First thing you should consider is getting yourself to a safe place. Once you are in a safe place there are options to file the petition on your own without having to file a joint petition. These include a battered spouse or a good faith filing. if you remain with your spouse a joint filing may be filed within 90 days prior to the expiration of the conditional resident status.

    321.208.7324
    immigration@rbrownllc.com
    www.brownimmigrationFL.com

    Robert Brown LLC
    Baldwin Park Center
    4767 New Broad Street
    Orlando, Florida 32814


  7. I am very sorry to hear that you are in an abusive relationship. Your safety is of the utmost importance, so please contact the police or the local domestic violence shelter if you are currently being abused. You may file an I-751 based on good faith marriage and divorce/abuse at any time. If you are filing based on divorce, it is generally best to wait until your divorce is finalized. If you are filing based on abuse, you can file before the divorce is finalized, however, keep in mind that the abuse must be well documented. You would be well-advised to consult with an immigration attorney to determine the best strategy for going forward with your case.

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