Legal Question in Immigration Law in Massachusetts

Re: Stalemate

When does your green card expire? If your wife will not cooperate with filing the petition jointly, you could technically file the petition on your own so long as you can prove that the marriage was entered into in good faith and remained in good faith up to the point of separation/divorce. However, you will need to show that the divorce has been filed and completed. You must take into account that in MA, it takes 90-120 days for a divorce to become finalized after the final hearing. It is a complex matter, but you do have options available to preserve your status. You should seek the assistance of an attorney. You can feel free to contact me to schedule a consultation or an appointment at my office. We are also located in MA and handle both immigration and divorce matters. We offer free consultations to Law Guru users. Good luck!

Re: Stalemate

You do not need your spouse to file for removal of conditions. You may waive a joint application under 4 conditions, two of which would apply in your circumstance: first, if you married in good faith, and are now divorced, you may file the application to remove conditions and waive the joint application. If you are not divorced, then you can still waive the joint application if there has been a hardship on you, threats, etc., and you are in the process of divorce. In your circumstance, I wouldn't deal with your wife if she obviously doesn't need you because there is no way the marriage will get better; so get a divorce. If you don't own anything jointly with her, get a divorce and then file for the removal of the condition. Just make sure you have evidence showing that your marriage was in good faith. So that is the best option -- don't wait; get a fast divorce if that's what the marriage has come to, so that you can proceed. You might want to hire a good immigration lawyer to help you. Good luck and take care.