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Removal of 2yr Conditional Green Card Now Interview has been requested & my Husband and I are Separated.

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Hi I have been married to my husband since 2009. He has always worked in New York Ii worked in Atlanta. Our home is in ATL. We have lived in Atlanta he commute from NYC to Atlanta but he is always in New York. We filed to take of my conditions early last year. We we're told to send more information to show proof of our marriage which we did. However during that process i had found out that my husband had gotten a girl pregnant and he is still living with her. We are now separated but I recently received a letter stating that a interview will be required for us both. I have started and given everything up to start my life herein the US now what do i do, will they deny my Green card? Can i still keep my green card do i bring him to the interview to explain what happened? I am so confuse

Attorney Answers 3


  1. I am very sorry to hear about your husband's conduct and about your marital separation. It sounds like your case was a complex and difficult one from the very beginning, and if you and your husband have not been working with an immigration attorney, that was a very bad decision. At this late stage, at least, you should engage an immigration attorney to represent to learn all of the relevant details in order to advise you. For example, if your husband is cooperative, it might be helpful for him to participate and to provide testimony and evidence about how the marriage was bona fide from the beginning, but he misbehaved and this led to the separation. An attorney also could review with you any other potential immigration strategies, eligibilities and options.

    David N. Soloway
    Frazier, Soloway & Kennedy, PC
    Atlanta, Georgia

    [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


  2. It appears that you will need to consult with a licensed practicing counsel to review the need of unilateral filing to remove the conditions after you divorce if decided.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois


  3. As mentioned, you do have a problem and would be well advised to consult with an attorney as to which path would be best for you.

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