Website Q & A - November 30, 2007
Applying for Removal of the Conditional Basis of Permanent Residence
(I-751) Through Joint Filing Where There is No Divorce
Dear Mr. Lee,
I got my temporary green card through marriage with my husband.
We have a child who is now 2 years old. My conditional green card
will expire in two months. Unfortunately we are now separated even
though it is not the legal separation and thinking about divorce.
My husband is living in another state, but promises that he will
support me in getting my permanent green card. What should I do
at this time?
The best situation if you had more time and were serious about
divorce would be for you to obtain a divorce and file the I-751
application to remove the conditional basis of your residence status
based on the divorce but having had a bonafide marriage. In your
present situation of having an unsettled marriage, separation, and
little time, you are nevertheless still allowed to file a joint
petition if your husband is willing to sign the petition. There
appears to be no question as to the bonafide nature of your relationship.
If you take the latter course and divorce before a decision is made
on your application to remove the conditional basis of your residence,
you must inform the U.S.C.I.S. of your changed circumstances and
file a new application based upon your being divorced but having
had a bonafide marriage.