Legal Question in Immigration Law in Florida

Your question is a little confusing. Does he have the green card approved yet -- which you seem to say yes, or did you two attend the interview where his permanent residence was approved, and he's waiting for the green card to be sent to him? Approval can be signified at the end of the interview by stamping of his passport as temporary proof of permanent residence. Or, maybe you're referring to a second interview because USCIS still has not approved his permanent residence yet and are asking you two to come back for a 2nd interview. If this latter scenario is what is really going on, then obviously, if he does not show up to this 2nd interview, he won't be approved. If he does show up, and you two are not divorced yet but play it as you're still happily married, he'll be approved.

If the actual scenario is that he was approved at that 1st interview and so has received the conditional green card (and that?s why he moved out), then, beginning 90 days before the 2nd anniversary of getting the card, you and he have to file the I-751 Joint Petition to Remove Condition. I have never had a case (I've done about 50 of these) where a 2nd interview was necessary. I suppose it's because I've made sure with my evidence accompanying the I-751 that there is no doubt that the couple is still together. If you divorce him before that time, and do not want to help him, then yes, he could seek a waiver of the requirement to file the I-751 jointly with you. In other words, he will have file the I-751 by himself, and try to prove that the marriage was for real and not to receive a green card, even though it ended in marriage. It won?t be that easy. But, that?s what he needs to do to receive the permanent green card.

Larry L. Doan

www.GuruImmigration.com

http://guruimmigration.wordpress.com (blog)