What happens if someone will not sign a 2 year conditional visa? 12 Answers as of June 14, 2011

I married a US citizen and got her here on a conditional visa. My 2 year renewal is coming up. I have a son that was born in the US. My wife is refusing to sign the conditional removal. Can I still stay in the US because of my son or will I get deported?

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Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
You can self-petition but to perfect your permanent residence you will need a divorce. I have been in practice in the immigration field for more than 40 years. I have handled cases with experience, integrity, and good effect. Please call me to discuss your case. The assigned number for your free case evaluation: 0613d. We offer payment plans with no interest.
Answer Applies to: New York
Replied: 6/14/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
If you get a divorce, you can file an I-751 waiver.
Answer Applies to: Texas
Replied: 6/13/2011
Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
Why is your wife refusing to sign? You may be able to petition on your own if you can qualify as a battered spouse (physically, emotionally or mentally) or if you have a divorce pending or finalized. I highly recommend consulting with an immigration lawyer ASAP. Call me for a consultation.
Answer Applies to: New Jersey
Replied: 6/13/2011
Law Office of Baoqin Wang
Law Office of Baoqin Wang | Baoqin Wang
If you are married, you have to have your spouse sign the paper to remove the condition on your permanent residence. The alternative is to get divorced, and then request a waiver of spouse's signature. Or if spouse abused you, you can apply as an abused spouse. If you don't file anything before the green card expiration date, you might be put into removal proceedings. Please seek attorney's help at your earliest.
Answer Applies to: Oregon
Replied: 6/13/2011
Fong & Associates
Fong & Associates | William D. Fong
If your wife is not cooperating on the I-751 removal of conditions, and you are divorced; you can file the I-751 on your own requesting a waiver of the joint filing requirement based on a "good faith" marriage. Show that you have a child together, cohabitation and co-mingling of funds and you should be approved.
Answer Applies to: Texas
Replied: 6/13/2011
    Theresa E. Tilton, Attorney at Law
    Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
    "Good faith marriage" is required at the time you applied for your green card. Your child, of your marriage to a US citizen, is excellent proof of good faith marriage. If your wife will not sign for removal of the condition, you can apply on your own. You need to consult a lawyer. If your wife will not protect your immigration status, what is left of your marriage?
    Answer Applies to: Washington
    Replied: 6/10/2011
    Lyttle Law Firm, PLLC
    Lyttle Law Firm, PLLC | Daniella Lyttle
    Yes! you can fight this case and file to remove conditions on your own. You should hire an attorney for this. These types of cases are relatively inexpensive and there's no reason why you should give up your green card! if you don't move quickly (you can file now) things will get difficult for you
    Answer Applies to: Texas
    Replied: 6/10/2011
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    Is your son the child of your U.S. citizen spouse? The truth is that you can file an I-751 waiver of the joint requirement if you can show that your marriage was bona fide when you entered it. You must be divorced at the time of filing, but it is very possible if you have continued evidence of the bona fide nature of the marriage.
    Answer Applies to: Virginia
    Replied: 6/10/2011
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    You can self petition, and use the I-751 essentially as a waiver to obtain your permanent legal residence status. Contact my office if you need further assistance.
    Answer Applies to: Florida
    Replied: 6/10/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    No, you can't stay if he does not sign. Your son is citizen but that won't help to keep you stay unless your leave will cause extreme hardship to your son.
    Answer Applies to: Florida
    Replied: 6/10/2011
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    If she refuses to sign I-751,petition to remove condition, you should file divorce and then file I-751 yourself based on good faith marriage exception to file joint petition. If you can show the marriage is bona fide, CIS would still approve your petition.
    Answer Applies to: California
    Replied: 6/10/2011
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    There are 4 ways to get the removal of the condition done. Here they are from the easiest to the most difficult:
    1. Live together with your spouse + get along. The American citizen signs the paper together the Alien spouse. Provide proof you got married in good faith.
    2. File for divorce. Only you sign the form. Explain why the relationship is not working. Provide proof you already filed for divorce. Provide proof you married for the right reasons (joint documents). Later, the USCIS will ask for your final judgment of dissolution.
    3. Domestic abuse. Must show you were abused. Must also show you got married for the right reason. (No need to file for divorce).
    4. Hardship. Must explain your hardship and all the bad things that will happen if your removal of the condition is denied. Document it well. (I personally used this one only once). Good luck.
    Answer Applies to: California
    Replied: 6/10/2011
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