Legal Question in Immigration Law in California

I-751

I married an American citizen in December, 2001. I am a greencard holder, but it expires May, 2003 when I need to remove the condition. Unfortuntaley, the marriage has broken down and we have been living separately for almost a year now. We are not divorce, only separated. I have strong evidence showing that the marriage was a bona fide one. Even my wife admitted that and executed an affidavit to this extent. She is in Greece now and at the time the I-751 form needs to be filed, she will be supportive. What should we do in the meanwhile? Stay married or get the divorce. I cannot afford the divorce and she cannot file since she hasn't been in California long enough to be able to file.

Many thanks


Asked on 6/04/02, 12:06 pm

2 Answers from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: I-751

The wisest thing to do is to stay married.

Liem Doan, Esq.

Note: The above response is provided for legal information only and is not legal advice. Such advice can only be rendered after a attorney-client relationship has been expressly established.

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Answered on 6/04/02, 5:40 pm
Khachik Akhkashian Diamond, Burt & AKhkashian, LLP

Re: I-751

I think that the issue of your separation will be obvious in the interview, and if you and your wife stay married for the sole purpose of satisfying the two year conditional period then taht looks more deceptive to the INS.

On the other hand, if you legally separate from your wife, then you can be much more truthful in your answers and credible in the interview.

My advice to you, based upon the information on the post, is to file for a divorce and not hide the fact that you are separated.

The truth will be obvious. Also, I know that money is a concern to you but it sounds like that you have no kids or real property. This would allow you to file for a summary dissolution.

If you would like further information or assistance on this matter, please do not hesitate to call.

Khach "Catch" Akhkashian

(213) 384-2220

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Answered on 6/11/02, 6:29 pm


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