A friend need help

[kyle_lairic 0]

One of my female friend petitioned her husband here from Pinas. 2 months ago, the guy left her with no reason at all. We think that he used her as a passport to get here in US since his sister is 2 hours away from them. He got conditional visa and he's almost a year here in US. She just want to know how she can prevent his husband to renew his visa and send him back to the philippines. Thanks in advance

[N360 0]

One of my female friend petitioned her husband here from Pinas. 2 months ago, the guy left her with no reason at all. We think that he used her as a passport to get here in US since his sister is 2 hours away from them. He got conditional visa and he's almost a year here in US. She just want to know how she can prevent his husband to renew his visa and send him back to the philippines. Thanks in advance

The husband might be out of luck. The husband would need to remove conditions on his status pretty soon. He wont be able to do so without the wife unless....

1. the petioner is deceased.
2. the conditional resident spouse entered a marriage in good faith, and during the marriage was battered by or was the subject of extreme cruelty by the U.S. citizen or permanent resident spouse.
3. entered into the marriage in good faith but the marriage was terminated through divorce annulment.
4. The termination of my status and removal from the United States would result in an extreme hardship.

To be safe, your friend should call Immigration and ask what should be the next step. If you want you should also post your question on the CR1 or on "Removing Conditions on Residency General Discussion" forum. There's a lot of very knowledgable people there, like pushbrk, that might be able to give you a more informed advice.

[kyle_lairic 0]

Thank you

Edited June 5, 2008 by kyle_lairic

[eau_xplain 2]

Actually, the husband can still file the I-751 with a waiver for the joint filing if he is able to get a divorce. Once divorced, all he needs to submit is the I-751, the divorce decree and evidence to prove that the marriage was entered into in good faith. These evidence could include bank statements of joint accounts, bills showing both their names, or different bills showing individual names but same address, lease/rental agreement with both names, etc. If the husband does not have any of these evidence, then he will have a problem with his I-751 filing even if he gets the divorce decree.

[felnfrank 1]

oh sorry to hear that