Can you apply to remove conditions on a visa if divorce is not final? 1 Answers as of August 09, 2011

My husband's green card expires in October, he needs to file a I-751 to remove conditions. We are having issues and I am considering leaving him. He is pressuring me to make a decision of whether or not I want to leave him because he needs to complete and return the form one way or the other by the deadline. If I choose to work it out then he would fill out "married filing jointly" if I choose to remain separated and start the divorce process, then he will choose the waiver. But can he file the waiver even though there is no chance of a divorce being final by October? (Yes, the marriage was entered in good faith.) I'm also wondering if the reason he is begging me to take him back has anything to do with his situation. Is there a very good chance he will be deported if say I don't take him back and he doesn't get to file jointly? Or does he have options...

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Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
No. If he is going to file the waiver, he needs a final divorce decree. However, the deadline of filing within 90 days of expiration is not applicable for the waiver, so he can wait to file until the divorce is final. It just means that he wont have permanent residence during that time. If the marriage was bona fide and you are willing to support that statement, he can still get permanent residence despite the divorce.
Answer Applies to: Virginia
Replied: 8/9/2011
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