Legal Question in Immigration Law in Virginia

I am married to a u.s citizen. I entered the marriage in good faith. I just found out the she is having affair with her co-worker. that hurt me byond imagination because I loved her more than anything ever. Now I dont think iam able to continue with her specially she doesn't want to admit she was wrong. She is blaming that on me because we have some arguments. I have a conditional green card. In this case what I can do to maintain my green card when specially we are not going to apply together for the second interview.


Asked on 3/09/10, 8:16 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

After divorce you will need to apply to remove conditions on your own, and ask the USCIS to grant you a waiver of the joint filing requirement. A few important things to remember: you have to have a final divorce decree before it's time for you to file to remove conditions (you can't apply if you are merely separated), and have to have a very strong evidence of a bona fide marriage and life together, you can't miss the deadline (within 90 days of expiration of a green card). Cheating usually doesn't qualify as a domestic abuse, therefore, apparently, a waiver after divorce will be required.

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Answered on 3/14/10, 10:44 pm


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