Legal Question in Immigration Law in United States

Separation from a US citizen wife through whom you gained residency (green card) will affect your status of a resident. I understand that you are a CONDITIONAL resident (your green card is valid for only 2 years). Therefore, within 90 days prior to expiration of your conditional card, you and you wife are required to file a joint petition to remove conditions. If you are separated, you can't apply jointly. A new wife doesn't help at this stage in the immigration process.

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best is that contact your ex-wife and try to appolagize with her. Live with her on compromise till you become a permanent resident.

If you are not still together with your wife after two years of having your conditional permanent residency (90 days prior to the 2 year date you will have to apply with your wife to get your permanent residency), then you will be unable to get your permanent green card.

Representing to USCIS that you are still with your former wife for purposes of obtaining your permanent green card is a violation of law, and not a prudent decision.

Your best option is to file anew application under your current U.S. citizen wife and obtain a new conditional permanent residency, and start the process from the beginning under her.

You can contact our office at 215_242_3830 for a free consultation with our immigration attorney, Adam M. DeJohn, Esq.

Your permanent resident status is conditional. Prior to expiration of your green card both you and your wife need to submit a petition to remove conditions on your status. You cannot do so if you are separated from your wife. You need to get divorced, re-marry and start the whole process all over again.