Legal Question in Immigration Law in Michigan

travel

My CR1 visa based on marriage expires on March 21st 09, I'm separated from my wife (US Citizen). We are not yet divorced. I want to travel to India on Feb 3rd 09. I will be back in 2 weeks. Will I be able to enter the USA on my return before March09? I'm planning to file for I-751 waiver after that. I was severely mentally and emotionally abused during my relationship with her and by her parents. She also has an extra marital affair. Should I file for I-751 based on abuse or should I file after getting my divorce?

Kindly advice,

Thank you,


Asked on 1/11/09, 8:42 pm

2 Answers from Attorneys
Marc Seguinot Seguinot & Associates, P.C.

Re: travel

First, hurry up and get your India travel over with. Has your wife filed to remove the conditions (prior to your decision to separate)? The I-751 is supposed to be filed 90 days prior to the 2nd anniversary of your conditional residency. Thus, if you travel and come back, Customs may try to pull up your I-751. If they don't see one, who knows what can happen! Second, make sure you have mountains of evidence that your wife was a mental and emotional abuser -- hopefully you will have evidence that you spoke to maybe a psychologist, or at least a minister at a minimum, about the problem. Also, make sure you havce details regarding the abuse. You will need a good, strong advocate in your case, as I predict you will need to fight this. You will win with the right counsel, so hunt for a good one. Good luck!

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Answered on 1/12/09, 2:23 am
JASSI SACHDEV LAW OFFICES OF JASSI S. SACHDEV, P.C.

Re: travel

Answer to your questions

Yes

After divorce

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Answered on 1/12/09, 10:24 am


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