It's been more than 2 years since i had my conditional green card, I wanna apply for the permanent one , i have been living with my wife for over than 2 years and 6 months, i recently got a good job in a different state , we still married and all, but i go over the weekend to see my wife .do we need to be living together to apply? she wasn't my sponsor when i filed the first time and there was a joint sponsor , do i still a co-singer ? thank you
Congratulations in the new job. If you and your wife have separate households you may not be considered "married" for immigration purposes. You may want to consider having your wife relocate. A co-sponsor doesn't seem to be the issue here. Do consult an experienced immigration lawyer.
Law Offices of J Thomas Smith
You should file the petition to remove the condition ASAP will a good reason for the late filing. USCIS instructs conditional residents to file the petition to remove the condition within 90 days prior to the expiration of the conditional resident status. It acccepts late filings as long as there is a good reason for the late filing. You must submit satisfactory evidence of the good faith nature of your marriage.
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You REALLY should consult with an experienced immigration attorney as soon as possible. I agree with one of my colleagues. You need to submit an I-751 Petition as soon as possible, and explain why it is late. But consult with a lawyer first!
If you have strong reasons why you and your wife are living separately at this time, then you might be successful. Please get a lawyer.
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Generally, if you were granted a conditional permanent residence (CPR) status based on your marriage to a United States citizen, and if you are still married to the same individual, you are required file a joint petition (i.e. you and your US citizen spouse) to remove the conditions within the 90 days before the expiration of your conditional permanent resident (CPR) status. If you do not file the joint petition during this 90 day period, your CPR status is automatically terminated. A joint petition may still be filed after the expiration of 90 day period if you can establish that "there was a good cause for late filing." Now coming to your question relating to you and your spouse living in two different states - although you can still file the joint petition, you will have to demonstrate that your marriage is still valid, the physical separation is due to economic reasons rather than marital. Please consult with a qualified immigration attorney to assist you.
Rajesh Prasad, Esq.
Parikh and Prasad Law Group
5861 Pine Avenue Suite B
Chino Hills, CA 91709
If you are filing after your card is expired, you will need an explanation why you did not file on time. You can jointly file even if you are not living together, and you will need additional proof of your relationship. There is no affidavit of financial support in an application for removal of condition. You and your wife should definitely meet with a lawyer before filing, particularly if you do not live together.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
If your conditional green card is expired, you are considered to be out of status and can be subject to removal. You need to file for removal of conditions with a strong explanation for why you are filing late. If you are denied, you may lose your status as a permanent resident and need to reapply for green card through your wife. I highly recommend you consult with an attorney about late filing an I-751.
Dhenu Savla, Esq.
This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.