Can I extend my stay here in the US, even though I have moved out of our house? 11 Answers as of October 28, 2011
I have been told by my wife to move out. I moved out 12 June 2011 and my wife my hacked my computer to blackmail me. My green card end in October what can I do to extend my stay here in the US.Free Case Evaluation by a Local Lawyer!
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The Jarrett Firm, LLC | Patrick Jarrett
If you are on a conditional resident card and it expires this month, you need to file for your removal of conditions immediately. You do not want to be late. Just because you are separated from your wife does not prevent you from obtain a full green card so long as the marriage was a valid marriage. You may not have enough time to get this done in time. I recommend speaking with an immigration attorney immediately if you want to maintain your resident status.
Answer Applies to: Georgia
Replied: 10/11/2011
Miller Conway | Ross Elliott Miller
Your question is not completely clear but if the couple (you and your wife) is separated the petition to remove the conditions of residence will not be denied if the conditional resident (you) can prove the marriage was entered into in good faith and to produce a marital relationship rather than for immigration purposes alone.
Answer Applies to: South Carolina
Replied: 10/11/2011
Joseph Law Firm | Jeff Joseph
It is possible that you can remove the conditions on residence independent of your wife if you can demonstrate one or more of the following: The marriage is ended through divorce but was entered into in good faith; (2) there was abuse or extreme mental cruelty during the marriage; or (3) it would be an extreme hardship if you are forced to leave the U.S.
Answer Applies to: Colorado
Replied: 10/10/2011
Law Office of Eric Fisher | Eric Fisher
If you received only a conditional LPR status based upon marriage to a US citizen, you must file an I-751 petition within the 90 day period before your status expires. If your wife refuses to sign the petition, you will need a waiver and the instructions for the form explain what that is, but I suggest you meet with an immigration attorney.
Answer Applies to: Colorado
Replied: 10/10/2011
Baughman & Wang | Justin X. Wang
If your green card is based on your marriage and it is conditional, you need to file joint petition to remove the condition. If your wife does not want to file joint petition with you, you MUST divorce her ASAP. After divorce, you can file waiver of joint petition. if you can prove your marriage is not for immigration purpose, you can still remove the condition.
Answer Applies to: California
Replied: 10/10/2011
Law Offices of Grinberg and Segal | Alexander Segal
You should speak to an immigration attorney as soon as possible. I would need additional information regarding the type of green card you have, but assuming it is a conditional green card, you may be able to receive a permanent green card even though your marriage has fallen apart. It depends upon the particular facts of your case.
Answer Applies to: New York
Replied: 10/10/2011
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
You can apply for your green card renewal without your wife (Form I-751).
Answer Applies to: California
Replied: 10/10/2011
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
You can self petition using the I-751 as a waiver, but you need a legal argument.
Answer Applies to: Florida
Replied: 10/28/2011
Bus & Nanthaveth, PLLC | Rachel Irene Bus
Do you mean that your conditional green card expires this month? If so, it's still possible for you to apply to have the conditions removed and receive your permanent green card, but you need to start the process ASAP and I would recommend finding an attorney who can help you because you're going to have to prove that your marriage was legitimate. Have you reported the computer hacking and blackmail to the police?
Answer Applies to: Texas
Replied: 10/10/2011
Yoo & Lee, LLP | Winston W. Lee
You need to file for a waiver. Whether you will be successful in that petition depends on the facts and circumstances of your case. We would need to interview you to determine whether there is a chance of success.
Answer Applies to: Washington
Replied: 10/10/2011
Christian Schmidt, Attorney at Law | Christian Schmidt
Presuming that you obtained conditional residence through marriage, you must file an I-751 petition jointly with your wife or obtain a divorce and file an I-751 waiver once it is final in order to extend your status. You will otherwise be out of status in the meantime and the government may seek to deport you. You should promptly consult with an experienced immigration attorney to fully assess your case.
Answer Applies to: California
Replied: 10/10/2011
