Legal Question in Immigration Law in Virginia

divorce while 751 pending

We've sent in the application for removal of my condition recently iwth my husband and got a NOA about the upcoming biometrics and that my status got extended for another year. As i've checked the processing time is a year in our area. BUT we dont live together anymore- we haven't been living together for a year cos of his drinking, using drugs, cheating, legal issues, etc. We both live with another partner but remained good friends. I want to divorce him and I won't wait another year to do so. I'd like to marry my new partner and start a family now. My husband is out of state cos he has a warrant for him - but planning to come to visit soon. What do we need to do to get divorced as soon as possible- we have absolutely nothing together besides pictures and have been living separated over a year now. Plus in case i found out in a year that i didn't get the permanent green card, what can i do? Can i adjust my status through my new marriage w/o having to go through everything from the very beginning again??? Pls do not advise me to wait, i simply cannot- my husband is trouble and i need to get away from him legally. Thanks a lot!


Asked on 3/05/08, 6:36 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: divorce while 751 pending

You can file your I-751 without your husband's approval or signature in order to remove your conditions on permanent residency, explaining to the USCIS case officer during your interview and showing him or her whatever evidence you may have to corroborate your claims of mental cruelty, substance abuse, criminal conduct, etc.,on the part of your husband to account for his failure to be there with you in the interview and to support your application, which should be sufficient to get your application approved.

A copy of the outstanding warrant for your husband's arrest could be particularly useful as such evidence.

As for divorce, if you've lived separate and apart from your husband for the required statutory period, continuously, and without cohabitation, you could file for a no fault divorce at any time.

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Answered on 3/05/08, 9:59 am


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