Legal Question in Immigration Law in California
self petitioner for removal of conditions/divorce pending
my temporary visa was obtained through marriage. My husband I jointly signed the form for removal of conditions. three months later I filed for divorce. Because I sought spousal support during the divorce proceedings, he withdrew his support of the application with ins. I have since re-filed a self-petition to remove conditions. How do I prove to ins I did not marry him to gain a green card? how likely will it be that I will be allowed to stay if my divorce is still pending? Will he be called to testify against me?
1 Answer from Attorneys
Re: self petitioner for removal of conditions/divorce pending
Your "self-petition" has to prove to the INS one or more of the following:
(a) extreme hardship would result if you are deported,
(b) you entered your marriage in good faith but the marriage has been terminated and you were not at fault in failing to file the joint petition, or
(c) you entered your marriage in good faith and during the marriage you or your child was battered by or was the subject of extreme cruelty
perpetrated by your spouse and you were not at fault in failing to file the joint petition.
It looks like (b) above describes your situation if the divorce is final (assuming you haven't been battered). To prove the marriage was entered into good faith, you would have to present the usual evidence showing it was a bona fide marriage not entered into for immigration benefits. Finally, it wasn't your fault that you failed to file the joint petition if you show that your husband was the one who withdrew his support.
Good luck,
Liem Doan, Esq.
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