My spouse and I have been married for 3 years. We didn't file for GC for 1 year after marriage. The two year conditional GC is coming up for renewal in Dec. I (US Citizen) filed for divorce in June, immigrant was served papers at the end of September. We are talking about working it out and I'm considering filing for an abatement (delay in legal movement) untiul we decide where the marriage is ultimately going. How will this situation that leaves us in limbo affect his green card renewal? Please someone answer.. I need your help

If you are married, even if discussing divorce, file joint. If definitely divorcing, complete the divorce and then file under the good faith marriage waiver. Both are approvable if the two of you married to have a shared life together and not only for an immigration benefit.

Agree with DCcityboy, also you need to consult experienced immigration attorney..

Thanks for the help... I also want to state that I have moved out as of June 2009 and we are living separately. I have already filed for divorce and my spouse has already been served... is an abatement good enough or do I need to cancel the divorce until we decide whether to stay together or not. The marriage was 100% legit... I don't want to do anything to ruin my spouses chance of getting an unconditional GC. Confused??

The divorce decision is unrelated to the immigration. You will get the conditions removed either way. But, do not remain married if only for the C/R.

Your spouse'll need something 2get the waiver. So abatement is no good and you can't complete the divorce between now and dec. not saying yours is but married and living separate is a sure sign of fraud. Remember immigration only plays by the book.

My 2cents: if you love him u'd go back. If you don't u'd divorce (remember immigration won't let him divorce or leave u). Else if you aren't sure, u'd go back anyway (2give love the benefit of doubt). N if you wait long enough u'd stop luving him (or anyone else 4that matter). So don't overthink this.

This is some interesting conversation. I am in a similar situation. I received a green card good for 10 years and am currently waiting for my citizenship. All of a sudden, we are now separated and although he says he wants to work things out, it does not seem that way. I do not believe in a separation and I don't believe in divorce either. However, things are not looking good despite being in counselling. I consulted a lawyer and I was told that if I decide to divorce him, I would have to wait for five years before I apply for citizenship. If I was still married to him, I would only have to wait three years. However, this was a legitimate marriage and am still willing to fight for my marriage, ONLY if he is willing to do the same.