I am a conditional green card holder, my wife and I wanted a divorce because we werent working out and he was emotional,mentally and even physically abusive. He brought the divorce papers(fl 800 and fl820) and made me sign but not to date them. I did in fear she would kick me out if I dont. She told me she wont file for divorce until I leave the country and when I ask her why, she says because that is what she wants to do. She told me a few days ago, that she knows the laws better and that she will avail to it. Now, she hasnt filed for the divorce and doesnt want, second she doesnt sleep at home, I have no idea where she sleeps, and she goes to work from wherever she sleeps because she took some clothes with her. What should I do, do I need to let the cop know she doesnt sleep at home?
You may remove conditions without your spouse for the following reasons: 1) death; 2) you or your children are battered or abused 3) hardship to you if you are removed and 4) divorce. You might have more than one ground to remove conditions if she files for the divorce. You allege emotional, mental and physical abuse. You should document this as this may help you when it comes to removal of conditions. Keep a detailed journal of things she says and does to you - like she knows the laws better, her plans to force you sign undated documents as a threat to divorce or deportation as she said she wont file until you leave the country. If you suspect she is cheating on you and you can afford a detective, you will have grounds to file on adultery.
If you want a divorce just file for one.
You can still keep your green card if you file, you will need the waiver of the joint filing requirement to remove the condition on your green card.
If you know she will not sign to remove the conditions and you are not together then it is prudent to file for the divorce so you can use it to obtain a waiver and keep your green card.
Life is too short to struggle with someone in a marriage that is supposed to be a place of nurture and love.
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