Legal Question in Immigration Law in Oklahoma

Removal of Conditional Residency and Divorce

If a couple was really married and the wife helped the immigrant husband to file for residency and they divorce before they can file for the removal of conditions can the husband still get them removed by himself? And are the chanced slimmer if he files alone? What kind of evidence can be used to prove the relationship was real but just didn't end up working out? What happens if the divorce happens after they file for removal of conditions but before he receives his permanent residency card?


Asked on 12/15/05, 1:51 pm

1 Answer from Attorneys
Vincent Martin Hellmuth & Johnson PLLC

Re: Removal of Conditional Residency and Divorce

A divorced conditional resident may file an application on his own and seek a waiver of the joint filing requirement. He essentially must prove that it was a bona fide relationship. Such evidence can include joint bills, joint bank statements, joint insurance, etc., as well as, affidavits from people with knowledge of the relationship.

If the divorce occurs while the application is pending, the immigrant spouse typically must request a withdrawal of the pending application and refile individually.

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Answered on 12/15/05, 2:44 pm


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