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-   -   Legal alien about to get divorced, where I stand? (https://www.askmehelpdesk.com/showthread.php?t=215628)

  • May 13, 2008, 02:31 PM
    LaraPeterson
    Legal alien about to get divorced, where I stand?
    I got married and after a year of marriage, we filed the immigration petition, which was granted 3 mont later. Now I have a conditional permanent residency.
    My marriage is going down, big time, we are not getting along, and I hardly can take the argument anymore. I want out.
    There's still a chance to pull throw this: we are going to marital counseling.
    Anyway, I want to know my options. What about my residency status? What is goint to happen with it.
  • May 13, 2008, 03:46 PM
    lawanwadee
    Is this US?
  • May 13, 2008, 04:21 PM
    LaraPeterson
    I'm so sorry for my partial question... it's been a looong day. Yes, is the US.
  • May 13, 2008, 05:07 PM
    lawanwadee
    If the petitioner and beneficiary are separated or have initiated divorce at the time the I-751 is due to be filed (90 days before expiration date of the greencard), the petitioner and beneficiary may still file a joint petition if the petitioner is willing to sign the petition.

    If the petitioner is not willing to sign a joint petition, the beneficiary is not eligible to file a petition requesting a waiver of the joint filing requirement due to divorce until the divorce is final UNLESS abuse is the basis for such a filing.

    The alien’s status may be terminated because s/he has been unable to file a timely I-751 and s/he may be placed in removal proceedings.
  • May 13, 2008, 05:14 PM
    LaraPeterson
    Apreciate your asnwer and the time you took to write it.Thank you.

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