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Can I divorce her now without affecting my future applying for the permanent green card? Do I have to file taxes with her?

Louisville, KY |

I have a conditional green card. My wife threatened a person with killing before. This was last year and she went to the court for that. Therefore, she stayed on a watch for 60 days, during this time she went out, and got arrested for leaving the house. They had sent her to jail for the rest of the 60 days.
She also threatened me of killing. She told me that she will shoot me with her gun.
Now, 2 month ago, she got shop lifting , and the judge gave her a month on the watch starting next month.
I can not live with her anymore because of what she is doing and going to jail, doing wrong things.
I am a good person and my background is clear, but I can not stand her anymore.

Q) What will be the reasons for divorce for applying for the permanent green card?

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Attorney answers 3


This is has been asked before. Yes you can file an I-751 without her. You will need to show a good faith marriage that ended in divorce or that you experienced extreme cruelty or that you were battered. Whether or not you need a reason for divorce depends on your state and whether it requires a fault grounds to issue a divorce.


You have to be honest and not commit fraud. the rest you will figure out on a consultation with an immigration attorney.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


Those who divorce during the 2 yr conditional period can file with a waiver of the joint filing requirement. Bona fides after the issuance of the gc are important. Docs on reasons for divorce are also important.

JP Sarmiento
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