Legal Question in Immigration Law in Alaska

hi, my soon to be ex-wife(we're still married) petitioned me as a fiancee visa, i came here last july of 2008 and we got married last september 2008. Our relationship is true, not the so called fix marriage, we have a 6 yr old son already, (we just decided to get married last year). But things now are not going very well and we decided to be on seperate ways. We're going to process the dissolution of marriage. My question is what is the legal way for me to stay here in the US so i can still see my son, coz the USCIS gave me only 2 years of permanent residency that i got last march of this year. Thank you and have a good day.


Asked on 9/16/09, 7:27 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

You will need to apply to remove conditions from residency (right now you have a conditional green card valid for 2 years). It's usually done by filing a joint application by husband and wife within 90 days period prior to expiration of your green card (e.g. if it expires in 03-01-2011, then the petition to remove conditional must be filed between 12-01-2010 till 03-01-2011). You should look at the expiration date on your green card.

If you are divorced by then, you will have to apply by yourself and ask for a waiver.

You might be able to apply to remove conditions as soon as you are divorced.

You shouldn't miss the deadline for filing. Otherwise, your status of resident will be canceled and you can be deported/removed from USA.

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Answered on 9/21/09, 7:42 pm


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