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Separation and application for removal of conditional permanent resident status

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Separation and application for removal of conditional permanent resident status

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Old Nov 9th 2001, 10:16 am
  #1  
George Frobisher
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I have been married to my USC wife for three years. The first two years of our
marriage were spent in the UK where she was granted permanent resident status. For
family reasons she wished to return to the US and I applied for and was granted an
I-130 visa around 2 years ago (we had been married 18 months) but due to work
commitments, sale of house etc Immigration didn't take place until just under six
months later. So I have been resident for 18 months and, of course, have a
Conditional Permanent Resident Card due to expire in six months time.

Sadly, the marriage is ending. No abuse involved. It seems highly unlikely that a
divorce will be final in the time remaining until I need to seek renewal.

I sold up everything in the UK and everything I now have is here in the US. From what
I see I could petition for removal of conditions if I was divorced but there seems no
allowance for separation. I really don't know if my wife is likely to co-sign, but I
suspect that she has little interest in me now and won't be bothered to help. I
really would rather stay here now but in these circumstances should I start booking
my ticket back to the UK?

Thank you.

George
 
Old Nov 9th 2001, 5:21 pm
  #2  
Shelley
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See the Doc Steen site http://www.mindspring.com/~docsteen/...o/visainfo.htm
accept the disclaimer and go to the section called Divorce. It will have the
information you are looking for. Take Care. Shelley

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Old Nov 11th 2001, 11:43 pm
  #3  
Andy Platt
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This question comes up time and time again (not surprisingly it is more common to be
in this situation than to be divorced given the timescales). Unfortunately I have not
seen a good answer. If you look at the reasons for filing the I-751 you'll see that
unless you get divorced or get your wife to sign, you only have the option (f):

"The termination of my status and removal from the United States would result in an
extreme hardship."

which really needs a good immigration lawyer to handle. I would consult one now to
see what your options are.

Andy.

--
I'm not really here - it's just your warped imagination.

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