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

Asked about 1 year ago - 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. Daniel Patrick Hanlon

    Contributor Level 20

    7

    Lawyers agree

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

  2. Shahzad Ahmed

    Contributor Level 14

    5

    Lawyers agree

    Answered . 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,

  3. Jeff L. Khurgel

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . 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-... more
  4. Irene Vaisman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  5. William J Quirk

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . 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.... more
  6. Robert Louis Brown

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . 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. Ksenia Alexandrovna Maiorova

    Contributor Level 16

    2

    Lawyers agree

    Answered . 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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