Legal Question in Immigration Law in Kentucky

You might be able to apply to remove conditions from residence even after divorce and without your husband's assistance. Not filing your application as a Joint Petition will make it more difficult to have it approved, but it is possible. You will need to have a very strong evidence of a bona fide marriage when you apply.

I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a confidential telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.

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The Louisville USCIS office recently confirmed that they cannot grant an I-751 petition where the persons are separated but not divorced. The best thing would be to finalize your divorce as soon as possible (though without letting him know you are in a hurry and without allowing your hurry to prejudice your bargaining position in the divorce) and then file the petition without his help by asking for a waiver of the joint filing requirement on the basis that you have a "good faith" marriage that was terminated by divorce. Luba is correct that you will need to show more evidence of the genuineness of the marriage than if you were filing together, but it certainly can be done and isn't all that uncommon.

I am also available for assistance if you need it, and our office is located in Louisville about 45 minutes from you. If you would like to set up an appointment, please call me at 502-587-7797.

You may file a waiver to the I-751 by yourself after your divorce is finalized but *before* it has expired.