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Legal Eagle
Legal Eagle, Lawyer
Category: Immigration Law
Satisfied Customers: 5235
Experience:  Licensed to practice before state and federal court
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My wife come on (Spousal Visa) here 4 months ago, legally

Customer Question

my wife come on (Spousal Visa) here 4 months ago, legally and now its not working out with my wife...... what are my option?
JA: What is your official status? Was any immigration paperwork filed with the government?
Customer: I am green card holder and of course affidavit of support was filled to call her here. My income was not enough so my uncle had co signed with me.
JA: Have you talked to a lawyer?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no this is a major problem
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. I'm sorry to hear about your situation. One of the things that you could do is that you could file for a divorce or separation depending on the state that you live in. It legal separation is sometimes a better option for people because you remain married, but this sate helps you decide what you were going to do with your property in helps you figure out custody issues as well. However, you still stay married as far as the state is concerned. As far as your spouse is concerned with her spousal Visa, she may want to consider applying for a change of status, But it depends heavily on when you guys got married. According to one of my most trusted sources, “For example, if you got conditional resident (meaning you got married in the last two years) status through marriage, that status is limited to two years. In order to become a permanent resident, she must file Form I-751 (Petition to Remove Conditions of Residence). She must file this form during the final 90 days before the date that the “green card” expires. (The date the “green card” expires is printed on the card.)

Typically, both spouses file this form together, and include documents that prove that they are still married. However, if the marriage has already ended under state law, then you may file the I-751 by yourself by filing a waiver.

A divorce may make it harder to become a permanent resident, but it is still possible. She must show that she married in "good faith." That means that she intended to live together as spouses when you married. To show this, she may submit documents showing that you shared a normal married life with your former spouse. This could include having a joint lease, a joint bank account, joint credit cards, or coverage under the same auto and health insurance policies.”

So, for you, you will probably be fine, but she will need to consider how this affects her immigration status

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