My wife says she wants to divorce me and she will file the papers by end of February this year before the end of the 2 years conditional green card. Based on the I 751 instructions , (( you MAY file at any time after I granted conditional resident status .
What does MAY mean here. Should I file now or wait till its 90 days before the end of the 2 years ! Am supposed to file the I-751 by the end of March(90 days begins) . What am I supposed to do?? Am the conditional resident. Please advise!!
The 90 day window is generally for those filing jointly. You should consult with an immigration attorney in your area to discuss the best option for you. There are 3 different ways a person could file the I-751 with a waiver of the joint filing requirement. Talk to a lawyer in your area to discuss in detail which option works best for you.
Once the divorce becomes final, you may file the I-751 (self-petition, requesting a "Waiver" of the joint filing requirement) the same day, if you wanted to.. Whatever you do and whenever you file, make sure to do it timely, prior to your GC's expiration date. If the divorce becomes final after the expiration date of your GC, will not matter any, since filing the I751 then will be conditioned upon the date of your divorce, not expiration of GC.
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I agree with my colleagues. Yo will file as "single' when you are within 90 days of your green card expiration. Contact a US immigration attorney for assistance.
If you are divorced, you may file the I-751 before the 90-day window. However, the divorce must be final, just not the divorce started. The USCIS is requiring more and more evidence on removal of conditions, especially, where one is seeking a waiver of joint filing. You really should obtain immigration counsel. Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.
Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.
You really need to consult an attorney on this matter. This is a complicated matter based upon your particular situation.
I am not your attorney unless we have mutually agreed in a signed writing that I would represent you in a particular matter. What I have written above is general in nature. No attorney-client relationship has been formed.
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