Legal Question in Immigration Law in New York

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You can file to remove condition either jointly with your wife OR as a waiver after divorce. If you are still married but separated and not living together, you can't file it as a waiver. The petition to remove conditions must be filed within 90 days prior to expiration of your conditional card.

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You can either jointly file the I-751 to remove the conditions off the green card; or file to remove conditions by yourself, In the latter the I-751 essentially acts as a waiver (there are four grounds that range from extreme hardship to divorce).

Obviously you can change status to a J-1 or H-1B etc. but I feel you are so close to attaining your permanent green card that if you have a good case along with a solid legal argument I would file to remove the I-751 by yourself, without your spouse.

Feel free to contact me for a free consultation to further explain.

Caro Kinsella

Immigration Attorney

[email protected]

954-304-2243

Hi,

The I-751 can be filed singly if it can be shown that you are now divorced and that the marriage was a bona fide marriage at the time that it was entered into. The I-751 must be filed prior to expiration.

You can contact our law firm at 212-268-3580 during business hours, or email [email protected] for guidance.