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My question is .I am helping a friend who need to process her 10years green card .She came here Fiancee'e visa got married then

Minneapolis, MN |

She came in the US Fiancee'e visa But also someone sponsor her because of the reason her exhusband in the welfare He is public charge,Now my friend she lives with me she have her 2yrs resident card.But have to apply this coming Set. for her 10yrs resident card.My question is.Does she still need her sponsor for getting her 10yrs resident card Her sponsor move out in the city and she been no contact to that person.What she could do to file without her sponsor does someone can sponsor her? Shes like a mom to me She loves being living in the US even though shes only here for 2yrs.Shes a wonderful person .She need a help or free opinion, advice for i can help her out !

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Attorney answers 3


It sounds as if she is a Conditional LPR. If so, she will have to file her I-751 within 90 days of her card expiring. This is a difficult situation, because it seems as if her spouse is no where to be found and he would not be signing the form (and under no circumstance should she forge his signature), I recommend she consult with a local attorney on this case, BEFORE, her card expires. USCIS has published several Memo's speaking to filing when an ex-spouse is no where to be found. Ultimately, she will have to prove this marriage was in good faith, or one of the other exceptions.


It sounds like your friend needs to file the Petition to Remove Conditions of Residence. This two year condition is placed when a person obtains their lawful permanent residence through their spouse. It is generally necessary for the couple to make the petition together, but it is possible to petition on her own, but more challenging. She has to prove that the marriage was not for immigration purposes. She should consult with an attorney to assess the particular facts of her case.


The other two attorneys are correct: the whereabouts of her I-864 'financial' sponsor isn't as important as the whereabouts of her husband ... that will control how the forms are done. There are low-cost attorneys available, see below.

Franco Capriotti - Senior Legal Counsel & Former Professor of Immigration Law - Capriotti International Law -

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Do not rely completely on information you get on any website. It is always wise to consult personally with an immigration attorney before taking action.

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Capriotti International Law

FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.