Need to withdraw and divorce we only lived together 4 months into marriage but I went with him to interview because he promised change a year later still same arrangements no real communication never see him ignored most times lots of promises no action..etc
Employment / Labor Attorney
Well, you can divorce him, but withdrawing your petition just because he is not willing to change, is not appropriate.
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Generally, both spouses jointly file a Petition to Remove Condition as the process for advancing from "temporary green card" (also called "Conditional Resident Status" or a "2-year Green Card") to full Lawful Permanent Resident Status. When spouses divorce, obviously the two spouses do not jointly file, but the foreign national spouse may file by her/himself and seek a waiver of the usual requirement that the couple file jointly. To succeed in this way the foreign national spouse must submit a particularly strong set of documents proving that the couple had lived together in a bona fide marriage notwithstanding that the marriage ended in failure. In no event is the U.S. citizen spouse able to somehow cancel his/her Affidavit of Support filed in connection with the original adjustment of status process.
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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 * email@example.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 * firstname.lastname@example.org
I'm sorry you are having trouble now. In order to convert his green card to a permanent one, you can both complete an I-751 petition to remove the conditions on the green card. However, if you refuse to sign the joint petition, he can divorce you and file with a divorce waiver or apply for a hardship waiver.
www.gassonlaw.com - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.