Legal Question in Immigration Law in Texas

I have been married to a temporary green card holder for two years and it is time to file the I751 to renew the GC.(It expires May 1 2011. I plan to separate within a month or so.

Would it be ok to file jointly while we live in different states, even if I am there for school? or should I divorce before May and have the GC holder file alone through a waiver? Which option is more advisable and what would be the complications, consequences of each option?


Asked on 2/08/11, 6:39 pm

1 Answer from Attorneys
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

One cannot file a joint petition under fraudulent pretenses. More information is needed to determine whether the spouse should file using the waiver or jointly. Please contact me for more information.

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Answered on 2/09/11, 4:30 am


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