I got a conditional green card on the basis of marriage to a US Citizen. Later on I started my medical residency trining on conditional green card. I have to file for removal of condition in July this year. But our relationship is not going well and she wants a divorce. we are married for 2.5 years but I received my conditional green card 1.5 years back
Can I get a waiver for the condition or can I switch to J1 or H1 to complete my medical residency in case she refuses to file for removal of condition ?
4 Answers from Attorneys
Please contact my office to discuss the options available to you at 1-800-408-5818.
You can file to remove condition either jointly with your wife OR as a waiver after divorce. If you are still married but separated and not living together, you can't file it as a waiver. The petition to remove conditions must be filed within 90 days prior to expiration of your conditional card.
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You can either jointly file the I-751 to remove the conditions off the green card; or file to remove conditions by yourself, In the latter the I-751 essentially acts as a waiver (there are four grounds that range from extreme hardship to divorce).
Obviously you can change status to a J-1 or H-1B etc. but I feel you are so close to attaining your permanent green card that if you have a good case along with a solid legal argument I would file to remove the I-751 by yourself, without your spouse.
Feel free to contact me for a free consultation to further explain.
The I-751 can be filed singly if it can be shown that you are now divorced and that the marriage was a bona fide marriage at the time that it was entered into. The I-751 must be filed prior to expiration.
You can contact our law firm at 212-268-3580 during business hours, or email firstname.lastname@example.org for guidance.
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