Immigration Law

Immigration Law Questions? Ask an Immigration Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Immigration Law

I have a two year card, and I am filing I-751 Remove

Customer Question
I have a two year...
I have a two year green card, and I am filing for my I-751 Remove condition. My husband and I are not living together anymore, we are not legally separated. I was a student and he did not make much money so we never had a loan or a credit card together.
We have letters from people stating that we married in good faith, bills, and a lot of photos. I just got documents back saying that I need to send more documentations, divorce papers and more proof that we married in good faith. I will try to get more bills
and photos and maybe somebody else to write a letter? But we have not divorce yet and not legally separated. A lawyer told me to get a divorce and in that way it would make it easier. But what if we do not want to divorce? We are just having a lot of issues
in our marriage. Please advice. Thank you kindly, Linda Edling
Submitted: 2 years ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 10 minutes by:
9/1/2015
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,162
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

Hello Linda, my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Unfortunately the law does not allow you to request a waiver of joint filing unless you meet certain conditions. The law is very strict and you can only get a waiver if:

1. If your spouse died;

2. You were abused and have proof of physical abuse such as police reports and restraining orders or if emotional abuse, a report by a licensed therapist;

3. Your marriage has been terminated.

Since you do not seem to fall into any of the exceptions, you cannot qualify to request a waiver and to file jointly you must be living together in a real good faith marriage, not living apart. It is irrelevant whether there is a legal separation or not. The law requires you to be living as a married couple to file jointly or terminate the marriage.

Here is the USCIS Memorandum instructions on filing the I-751 during a separation and the requirement that USCIS request evidence of termination of the marriage within a specified period of time in the RFE = Request for Additional Information.

http://www.ilw.com/immigrationdaily/news/2009,0723-neufeld.pdf

I understand you hold hope for a reconciliation with your spouse and do not want to terminate the marriage but the law does not give you that option.

So if you want to remain in the US you need to comply with the law's requirements and get a very quick divorce.

The lawyer whom you consulted did indeed give you the best advice. Not only will a divorce make it easier, it will make it possible. Currently your marital status will not permit approval of the I-751 and you do risk being put into removal proceedings.

Keep in mind the law is written to cover a broad spectrum of applicants and does not always allow for consideration of one's individual circumstances. Unfortunately, you fall into the broad category requiring termination of the marriage to qualify.

If you feel you will qualify for asylum based on fear of persecution in your home country you can request asylum at your removal hearing.

Otherwise, there is no basis for you to remain in the US based on the marriage.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. Kindly give me a positive rating when you are done. If you feel I earned a BONUS, I am grateful. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Ask Your Own Immigration Law Question
Customer reply replied 2 years ago
Thank you for your prompt reply.
So the best option is to get a divorce?Like I mentioned earlier we do not have any loans or big financial things together. My husband was not good with money and did not have credit so when I started from scratch here we took baby steps.I have papers that I'm on his bank account, bills, letters from his mom and a friend, a lot of photos.
What else do you recommend me to have?
Also, I already filed without a lawyer, is it possible to get help now from a lawyer and is that something that you would recommend me to do?Thank you
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago

Yes,divorce is the best option.

At this point in time you cannot turn back the clock and create documentation to prove a bona fide good faith marriage but here are some suggestions of documentation you may not have considered and do have:

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 you are not able to come up with further proof and are on good terms with your estranged spouse having him write a letter that the marriage was entered into because you both were in love but that following the marriage you and he found irreconcilable differences that lead to a break down of the marriage but you still remain on good terms as friends.

These cases are always difficult and having an attorney assist you with the response to the RFE so that you get to an interview stage in the process where they accompany you would be very beneficial to you.

Perhaps you could even get your ex to accompany you on the interview as further proof of your and his good faith intent at the time of the marriage.

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.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face, but more importantly, I want you to come back to the site for all your answers from over a 100 categories of experts!
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Ask Your Own Immigration Law Question
Customer reply replied 2 years ago
I will give you a good rating! Thank you!One more question, will everything I send to them in the beginning of the year still be in my files?
Or do I need to send everything again?Thank you
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago

You do not need to duplicate any documentation already sent. It is part of your file. Only send new documentation in response to the request for evidence.

Thank you in advance for your good rating.

If you have new questions, you can begin a new question thread with "FOR JUDITH" and I will be your personal expert.

Best!

Judith

Ask Your Own Immigration Law Question
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful.
Judith

Ask Your Own Immigration Law Question
Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,162
29,162 Satisfied Customers
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

Judith Ludwic is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,969 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

47,491 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
My I-751 is still pending, while my divorce has been
My I-751 is still pending, while my divorce has been finalized this month. How should I let USCIS know about the marital status change? … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
I have a problem. My Card has expired. My I-751 has expired.
Hi, my name is Jessica. I have a problem. My Green Card has expired. My I-751 has expired. And I want to fly to New Jersey … read more
Expert James
Expert James
Doctoral Degree
11,537 satisfied customers
Is the I-751 letter sufficient for mortgage purposes?
hi there, is the I-751 letter sufficient for mortgage purposes? … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
I'm an applicant for i-751 and I sent all my documents last
I'm an applicant for i-751 and I sent all my documents last week, but I submitted my wrong affidavit letter of support. I was supposed to send the one with writer's signature on, but I forgot to send … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,342 satisfied customers
I filed the I 751, on 10/28/2016 and my gc was extended
I filed the I 751, on 10/28/2016 and my gc was extended until 10/28/2017, i am trying to call for status and still pending, they advised that i make appt with local office when i try to no appt availa… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Filed -751 within 90 days of my wife'sconditional card
Filed -751 within 90 days of my wife'sconditional green card expiration. Received a notice (I-797) stating they will be in touch re a bio metrics and she is extended one year. We have not heard from t… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
We have received RFE for I-751. I was wondering if you may
Hi, We have received RFE for I-751. I was wondering if you may help us with response to the letter? Thanks! … read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
29,162 satisfied customers
My Husband and I have our I-751 ready for submission in a
My Husband and I have our I-751 ready for submission in a day or two. We have more than enough substantial evidence to go along with the forms. A list is as follows: … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
I filed a I-751 in July 2017 (with a divorce waiver). I have
Hi,I filed a I-751 in July 2017 (with a divorce waiver). I have been separated from my husband since June 2016 and officially divorced in April 2017. We got married in September 2015 and we were datin… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,342 satisfied customers
My mothers green card is expired and according to her
my mothers green card is expired and according to her previous lawyer who has since retired they needed proof that my mother was in this country prior to Dec '81. Her actual proof is my birth in sep 0… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
If my green card expired 11 years ago, and I now have a
If my green card expired 11 years ago, and I now have a misdemeanor, should I try and get that expunged first, then renew? … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I am a new green card immigrant. I worked 3 days for a
I am a new green card immigrant. I worked 3 days for a painting job but had to quit because of the commute and unpredictable schedules. They owe me $309 but will not pay me. I have been there 6 times … read more
Expert James
Expert James
Doctoral Degree
11,537 satisfied customers
If im a derivative asylee and applied for green card but the
If im a derivative asylee and applied for green card but the princpal asyle havent applied for green card yet wil i get my green card … read more
Leena Kamat
Leena Kamat
Juris Doctor
94 satisfied customers
My husband and I filed I-751 form, but now We're getting a
my husband and I filed I-751 form, but now We're getting a divorce. Will the divorce affect my application? … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
I have applied to renew my green card in feb 2017 and I
I have applied to renew my green card in feb 2017 and I still … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
Applications (like the Green Card application), what is
Hi. For Immigration applications (like the Green Card application), what is supposed to be provided as far as the documentation in regards ***** ***** taxes? Is it a COPY of the tax return from the pr… read more
Expert James
Expert James
Doctoral Degree
11,537 satisfied customers
We are assembling the I-751 package for removal of the
We are assembling the I-751 package for removal of the conditions on residence.. My Wife's card green card expires Nov 18 of this year. I was researching the fee for filing.. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,342 satisfied customers
Submitted I-751 and got called for an interview. After
Submitted I-751 and got called for an interview. After interview we received a denial with NTA but no date due to lack of documentation. My attorney refiled the I-751 and submitted new evidences and m… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x