Three months to I-751 but....... my wife left me!

[Yoji 0]

Hi,

After a few days of gathering info on VJ I think I can summarize the problem I’m facing.

Now I need to know what my options are.

The problem is that although we are still married my wife left me 4-5 months ago and I’m 3 months before applying for the removal.

Compared to others evidence, there is no way I’ll have the removal without an interview. (I hope the 1 year extension is mandatory). All I have is a lease, utilities, joint checking / saving account which right now I’m the only one using it. My DL is on our previous address. Also there is a very slight chance she will show up for an interview.

I can’t file for divorce because it takes minimum 6 months and my condition ends at the same time.

I spoke with a lawyer and he wants $250 for first consultation. I guess there are lawyers who work for less but before I’ll start with one of them I would like to gather as much info as possible.

I would appreciate any advice you have.

Thanks,

Yoji

[YuAndDan 153]

You may have problems filing to lift conditions if only separated.

Filing if the Couple is Separated

More troublesome is if the couple is still married, but separated or otherwise not getting along. With limited exception, as long as the couple is legally married, it is necessary to have a joint petition. Thus, troubled marriages often need either to be reconciled or terminated in order to file the I-751. As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however.

Joint-Filing Waived in Limited Cases

There are two situations in which a person who is still legally married can file the I-751 without the spouse. The first is if the person entered into a marriage in good faith, but has been battered or subjected to extreme cruelty by the petitioning spouse. The second is if termination of permanent resident status and removal from the U.S. would result in extreme hardship to the foreign national. Extreme hardship is a high standard and can be based only upon conditions that arose after the conditional residency was acquired.

http://www.murthy.com/news/n_remcon.html

[diadromous mermaid 36]

You may have problems filing to lift conditions if only separated.

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Edited August 5, 2007 by diadromous mermaid