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My husband gonne files for divorce. My conditional green card expires 8/2013. We dont have joint bank acct and tax returns.

Atlanta, GA |

We have a joint apartment lease, car insurance, a blood test shows I was pregnant and had miscarriage, affidavits from my friends, W-2 shows my status as married, drivers's licenses shows the same address, lots of pics, flights, hotels, cards, texts show that the divorce isnt because of me. Is my case doable? Should I file I-751 after getting divorce decree or within 90 days before deadline?

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Attorney answers 7

Posted

Sorry to learn that your husband plans to file for divorce. As others already have mentioned, a Conditional Resident may petition to remove the condition on her "Green Card" while seeking a waiver of the usual requirement that both spouses petition together to remove the condition. Many of the types of documents you mentioned should prove to be important in assembling a persuasive set of documents to show that while the marriage did not last, it nonetheless was a bona fide marriage through which you should be granted unconditional Lawful Permanent Resident status.

It would be wise to engage an immigration attorney to assist you with this process, especially since the USCIS adjudicating officer exercises subject discretion in making a decision, and it will be important to assure that your case is presented as persuasively as possible. Some immigration law firms, including mine, offer legal representation on a "flat fee" basis (rather than an hourly charge), and a few firms, including mine, offer an initial consultation free of charge (but note that our firm should not be considered engaged as counsel until our firm may confirm legal representation in writing).

[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 & 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

Asker

Posted

Thanks David, just called you to schedule an appointment.

Posted

Maybe, but the absence of joint accounts and tax returns is a serious negative.

You really need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Asker

Posted

He didnt want to open a joint bank acct and file tax with me. He has to pay tax so he might think he has to pay more if he filed tax jointly. I cant force him to do something he doesn't want to.

Posted

You are in good shape. File the I-751 with the supporting evidence as soon as your divorce is final.

---------
Carl Shusterman, Esq.
Former INS Trial Attorney
Board Certified Immigration Attorney
Subscribe to our Free Immigration Newsletter
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.

Gregory M. McCauley

Gregory M. McCauley

Posted

This is the best course of aciton. But You must move quickly to demonstrate your intention to remain in the US and comply with both INS and tax laws. File your taxes on time even if you earned no income file a zero return, but file.

Asker

Posted

I always file tax on time :).

Posted

You will not be granted your greencard with conditions removed unless your marriage is in good Immigration will check the court records and when they see you have a divoce pending they will deny you your greencard. I suggest you file on your own if you qualify.
You need to consult with an experienced immigration attorney.

Asker

Posted

I think I will do an uncontested divorce so i will have the divorce decree soon before the deadline to file I-751. I know I have to get a final divorce to file a waiver.

Posted

File I-751 self-petition after divorce. If you are late within a reasonable time with good explanation such as getting divorce finalized, the 90 day rule will not be held against you. I have done this for clients and had no problem with USCIS. Retain a lawyer to assist you.

An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.

Asker

Posted

Thanks Elizabeth!

Posted

Thanks for seeking out my advice. I do handle immigration cases, but for now I'm only taking clients who have immigration consequences as they relate to a criminal charge, conviction, or investigation. I do know of a great immigration lawyer in Atlanta who may be able to help you. His name is Jama Ibrahim. http://irimmigration.com/index.php/firm-profile/jama-ibrahim/

Please contact him for advice and representation.

Thanks,
-Jessica Stern

Asker

Posted

Thanks Jessica, I just sent an email to Jama's office, hope to hear from him soon.

Posted

You should not have a problem because you have enough proof to substantiate a valid marriage . We have successfully helped clients who had less proof of a valid marriage.
Please feel free to call us at 404/255-2700.

Asker

Posted

Thanks Grace!

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