Well, you can divorce him, but withdrawing your petition just because he is not willing to change, is not appropriate.
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Generally, both spouses jointly file a Petition to Remove Condition as the process for advancing from "temporary green card" (also called "Conditional Resident Status" or a "2-year Green Card") to full Lawful Permanent Resident Status. When spouses divorce, obviously the two spouses do not jointly file, but the foreign national spouse may file by her/himself and seek a waiver of the usual requirement that the couple file jointly. To succeed in this way the foreign national spouse must submit a particularly strong set of documents proving that the couple had lived together in a bona fide marriage notwithstanding that the marriage ended in failure. In no event is the U.S. citizen spouse able to somehow cancel his/her Affidavit of Support filed in connection with the original adjustment of status process.
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David N. Soloway
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[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * firstname.lastname@example.org
Once a visa is issued, it cannot be withdrawn.
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.
I'm sorry you are having trouble now. In order to convert his green card to a permanent one, you can both complete an I-751 petition to remove the conditions on the green card. However, if you refuse to sign the joint petition, he can divorce you and file with a divorce waiver or apply for a hardship waiver.
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