Legal Question in Immigration Law in Kentucky

Re: conditional resident separated but unable to divorce

Unfortunately, there are only 2 ways to remove the conditions from your residence and it does not appear that you can do either of them right now. One is for the 2 of you to file jointly to have the condition removed. Given the lengthy separation, the no-contact order, and the fact that he is overseas, that is not going tohappen. The other option is for you to file for the good-faith waiver Mr. Morales mentioned, but you must be divorced first to apply for it. You really can't do anything right now until you get a divorce -- then you can file for the good faith waiver. You will need to prove that the marriage was entered into in good faith. Your pregnancy is a stumbling block, although not a huge one considering you have been apart for so long and that you have been wanting a divorce for so long. You mentioned a no-contact order. If there is evidence that he was abusing you, then you certainly have an excellent reason for separating from him and eventually beginning a new relationship with someone else. You do not have to prove that your marriage was a happy and healthy one -- only that it was a real marriage entered into because you intended to spend your lives together. Of course the marriage fell apart, or you wouldn't have gotten divorced. I wouldn't be too concerned about your relationship with another person right now. It is evident from what you wrote that you had 3 years of a perfectly real and bona fide marriage followed by a lengthy separation and which will eventually end in divorce. Just wait until he comes back and you can get the divorce finished -- then file the I-751 without him and request the good faith marriage waiver. Good luck.

Re: conditional resident separated but unable to divorce

If the marriage was entered into in good faith and then went bad, then there is an exception that you can use to lift the condition.

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