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How the U.S.C.I.S. determines that the couple do not live together

New York, NY |

The reason why I am asking this is because mine did not live with me after pretty much abandoning our marriage when the card arrived. This is something I have notified the immigration that my spouse took off with the arrival of the green card. Would this be enough for immigration to know that the spouse did not live with me. Since the marriage was abandoned, the spouse obviously can no longer provide the necessary documentation that the marriage was bonafide on their end, so does this put my spouse in an awkward situation with the immigration regarding the faith of her residency.

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Attorney answers 3

Posted

Many different ways.

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Posted

If your spouse received a conditional resident 2 year green card, she will have difficulty whenit comes time for her to file the Form I-751 Joint petition to remove conditions. If you had already been married for two years when she got approved for the green card, then it is still possible, but unlikely, that she will be called to account for her actions in abandoning you. You should, as my colleague, advised, schedule an appointment with an immigration lawyer to review your specific situation and obtain advice on your options for action.

Asker

Posted

Thanks...we were married for a year before she got her 2-year card. Actually to be more specific, we got married in January of 2011, the card arrived in November, 2011 and she abandoned after a few later. So not sure if this makes any difference because you mentioned if we were already married for two years because we were not. So that makes us married for 10 months, out of which 3 month after the marriage I petitioned for her green card. So what you say in this more specific case. Is this going to be bad for her. Thank you.

David Eli Larson

David Eli Larson

Posted

Yes, if you don't get back together and file Form I-751 jointly during the 90 day period before her card expires, then she will have to ask for a waiver of the joint filing based on 1. good faith marriage ended in divorce, 2. extreme hardship, 3. your death, or 4. abuse by you. She will need evidence to support any of these joint petition waiver grounds.

Posted

The same way any interested party does.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.