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Immigrant married to US citizen.ConditionalGC upto Aug2013. May10-2013 Filed jointly for removal.Wife wants divorce.Please advic

Washington, DC |

She has a more practical aspect to life than me. I want love and affection in a relationship before we bring a kid into the relationship. She tells me that she does not have any emotional connections with me yet but still wants to go for the kid. I want to wait until me and my wife are connected and then go for the kid but she says that she wants us to go for the kid now or she will apply for divorce. I applied for conditional removal (1-751 application) on may10th and it was a joint application. Now she is blackmailing me that i have to decide if i want to go for the kid or face a divorce. Even i want the kid in our lives but i dont want to bring a kid until we sort our issues and have a loving relationship. Please advice on what route i should take if she applies for a divorce.

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Attorney answers 3


I would advise consulting with an experienced immigration attorney about your conditional status. If you cannot file jointly with your wife, there are waiver options available.

Lisa Tehlirian, Attorney -- Ellis Porter, PLC 2701 Troy Center Dr., 410 Troy, MI 48084 Phone: 248-519-9900 Fax: 248-519-9901 Email: For more information about current issues and developments in immigration law, visit my blog: The information provided on my blog and Avvo is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.


Not an immigration or even a legal question. You get to decide whether to have a child or a divorce.

A divorce will require a waiver of the joint petition.

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.


As long as there is no divorce before the adjudication of your joint petition, you should be fine, otherwise you should consult with an immigration attorney to help you explore the waiver options.

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