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MARRIAGE ENTERED IN GOOD FAITH BUT NOW ABOUT TO DIVORCE . . . . CAN I STILL GET MY PERMANENT GREEN CARD

Marietta, GA |

I have been married for 3 yrs now and my husband and i entered the marriage in good faith but after 2 1 / yrs of marriage i found out that he had an affair and had a child outside our marriage . . . i forgave him and things did not end up working out he has been arrested for drugs and probation violation and was mentally abusive to me . . . . . we have been separated since November 2012 and not in speaking terms but i am supposed to file for my satyrs green card to remove conditions in march but we do not have any bills together because we were staying with my mother and she had all the bill in her name but our names were on the lease . . . . he has said he will do everything to make sure i do not get my green card and also wants a divorce . . . . what should i do ? ?

Attorney Answers 5

Posted

If you have a two-year green card, you should get a divorce and file an I-751 waiver application.

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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.

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Posted

I agree with my colleague; I would add the key is your statement you made that you entered into the marriage in good faith. I would also be sure to contact an attorney well BEFORE expiration of 2 year period, i.e. at least 90 days BEFORE your I-751 is due, so it can be filed (or a waiver can be filed for the I-751 in a timely fashion). Do NOT miss the I-751 deadline.

No attorney-client relationship is created or implied by this communication in any way. Consult a competent immigration attorney preferably one who is a member of the American Immigration Lawyers Association (AILA).

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Posted

you got your work cut out for you. You must be able to garner as much as possible evidence of all the facts and allegations you make in your question to overcome your lack of evidence of cohabitation and proof to USCIS that you did enter the marriage in good faith and that he caused the marriage break-up.

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Posted

I am sorry to learn of your husband's abusive conduct and his threat to try to stand in the way of successfully removing the condition on your Conditional Resident status. The USCIS is familiar with U.S. citizens trying to use such threats to intimidate and hurt their spouses or former spouses, notwithstanding that the U.S. citizen will have twice sworn under oath (in the original petition and at the interview) that the couple lived together in a bona fide marriage. Nonetheless, following a divorce, a foreign national may succeed by herself and without her husband in applying to remove the condition.

In your circumstances it sounds like it will be particularly challenging to get the type of documentation necessary to persuade a skeptical USCIS adjudicating officer of the bona fide nature of your marriage. An immigration attorney, upon learning significantly more details, would be able to advise you of the best possible evidence to seek in your case, and that might include coordinating with the domestic relations/divorce attorney you engage to represent you and to protect your rights in a divorce. Especially if being able to remain in the U.S. is a very high priority for you, It would be wise for you to engage both a domestic relations attorney and an immigration attorney without delay.

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway & Kennedy, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

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Posted

I agree with my colleague. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com

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