[sanfrancisca]

I would very much appriciate any help, advice or opinion on my case.
I married my husband in December 2008 and received my green card in August 2009.
However, a year later in summer 2010 we split since we no longer shared common goals.
There was no abuse, just unfixible misunderstandings. I moved out for our best.
In early May it will be time for me to file for the removal of conditions on my 2year green card. From my point of view, I don't meet INS requirements. My husband will file with me, although we are no longer together.
My question is, what are my chances to receive a permanent green card?
I would like to know before I file. In case the chances are low, I prefer not to file at all, file for divorce instead and return to Europe. However, if there is a chance to stay legally in the USA I prefer to do that since I am established here and consider USA as home.

[NYcityboy]

If you can provide documentary evidence of what you have posted, you will be approved for the regular permanent residence.

You must not file jointly if you are separated and do not intend to live together as husband and wife. decide with your husband now if you want to reconcile or divorce.

If you reconcile, great, file the R/C with evidence of cohabitation and co-mingling of funds. See previous posts for detailed list of documents t support the petition. You must then wait for a total of 3 years to apply for naturalization.

If you divorce, you must include the final divorce decree and the same evidence as above to prove up the marriage was bona fide at inception. You will complete the I-751 marking "good faith marriage, ended in divorce". You will go to the local field office for the interview, without your husband. If you prove up that the marriage was bona fide, the officer will approve your 10-year card. You must then wait for a total of 5 years to apply for naturalization.

Not a difficult case, but consult with an immigration attorney, specifically for document review and interview preparation. Good luck.

[stacysmith]

I have a question I will have to file to remove my condition on my green card but my husband is incarcerated.