Legal Question in Immigration Law in Florida

conditional residence vs dominican divorce

My wife is a u.s. citizen, i obtained a conditional residence through her on 03/12/2008. we have been married for 2 yrs.(married on may 07 in miami) she went to the dominican republic to visit her mom and she met someone that she decided to stay with. now she is filing for a divorce in the dominican republic.my conditional residence expires on 03/12/2010 .is that going to affect my conditional status or availability to apply to get my status adjusted. thank you


Asked on 5/18/09, 7:28 pm

2 Answers from Attorneys

Michael Harris Law Offices of Kravitz and Guerra, P.A.

Re: conditional residence vs dominican divorce

You can still petition to remove the conditions from your residence, but you're going to have to show that your marriage was bona fide. You will have to wait for the divorce, which must be recognized here in the U.S. for it to be valid.

While seeking a waiver of the joint filing requirement need not be filed during the 90 days prior to the 2-year anniversary of the grant of your conditional residence, it must be carefully prepared.

It is therefore imperative that you seek a qualified immigration attorney to assist you. If you would like more information about our law firm here in Miami, please feel free to contact me.

Regards,

Michael A. Harris, Esq.

Associate Attorney

LAW OFFICES OF

KRAVITZ & GUERRA, P.A.

800 Brickell Avenue, Suite 701

Miami, Florida 33131

Website: www.KravitzLaw.com

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Answered on 5/19/09, 10:19 am
Daniel Hanlon Hanlon Law Group, P.C.

Re: conditional residence vs dominican divorce

Dear Inquirer:

If your wife obtains a valid divorce in the DR, then you will not be able to file a "joint petition" to remove the conditions on your residence, Form I-751, between December 2009 and March 2010, which is required. You may seek a waiver of the JOINT filing requirement, which may be granted if you can establish that you entered into the marriage in good faith, but the marriage has been dissolved.

I recommend that you visit www.hanlonlawgroup.com or email us at [email protected] if you would like to schedule an appointment to discuss this matter further.

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Answered on 5/19/09, 5:10 pm


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