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Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28813
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My son has been married years and they have a 2 year

Customer Question

My son has been married for six years and they have a 2 year old daughter. His green card expired and he has filed paperwork for a renewal however the marriage has broken down and he wants to leave her. Will he have to leave the US.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 2 years ago.
Hello, my name is Judith. Thank you for this opportunity to answer your questions. I have 34 years experience as a licensed immigration attorney.
He should have filed to remove the conditions on his 2 year card several years ago and gotten a permanent card.
Did he do that?
Or is it the 2 year card that he never had the conditions removed on?
Judith
Customer: replied 2 years ago.
My son was here on a student visa. He met and married and was given a green card which expired after two years. He has since filed for a ten year green card and is worried that he won't get it as he thinks his marriage has broken down and he will be asked to leave the country.
Customer: replied 2 years ago.
His paperwork is in with immigration and he is still with his wife at the moment but he has not heard any news from them. I told him he should contact them for an update.
Expert:  Judith Ludwic replied 2 years ago.
How long ago did they file the I-751?
Judith
Customer: replied 2 years ago.
This time about three or four weeks ago.
Expert:  Judith Ludwic replied 2 years ago.
The law allows for a waiver of the joint filing if the marriage has been terminated.
So he can get a divorce but he has to show he had a good faith marriage and not one just for the green card.
Evidence of a good faith marriage is documentation from the time the conditional status was approved to now:
If you have a child or children together, the birth certificate for each child.
Wedding pictures and pictures of other moments when you and your spouse, and other members of your families and friends have been together. Very detailed letters from people who know you and your spouse and who are witnesses that your marriage was valid, who were at your wedding, or who knew you as a married couple.
Love letters or cards that you received from your spouse while in the relationship.
Letters from people addressed to both you and your spouse, or in which the person who wrote the letter refers to both of you as a couple.
Any types of documents that have both your names on them that show that you bought a car, a house, furniture, or anything else together.
Any rental or lease agreements for your home or apartment with both of your names on it or a letter from the building manager or owner proving that you lived together.
Bank or financial statements that show that you had or have a savings or checking account together.
Any insurance documents that show that you were or still are covered by your spouse's insurance plan, or that your plan covers or covered him or her.
Bills, such as electricity, water, heat, cable TV, phone, or others that show both you and your spouse's names.
Jointly-filed Income tax papers (both your names).
An identification card that shows that you use your spouse's last name.
Membership cards for video clubs, grocery stores or similar businesses, that show joint membership.
If he has all this then he needs to see a divorce lawyer and terminate the marriage and then write to USCIS and send a copy of the divorce decree and tell them he is requesting a waiver of the joint filing based on termination of the good faith marriage and also send in all that documentation.
I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
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Judith

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