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I filed for divorce and would like to surrender my wife’s…

Customer Question
I filed for divorce...

I filed for divorce and would like to surrender my wife’s conditional green card she has since returned to her country

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

Yes I have the green card with me I received in the mail a few months back

Lawyer's Assistant: Have you talked to a lawyer yet?

I have but she did nothing

Submitted: 9 months ago.Category: Immigration Law
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Answered in 5 minutes by:
11/7/2017
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 9 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,944
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 9 months ago

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Is she willing to fill out and sign an I-407 to officially abandon the green card status?

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Customer reply replied 9 months ago
No. She blocked me from any communication whatsoever
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 9 months ago

Well, there isn't anything that you can do to "surrender" the green card. She has to file an I-407 on her own, or just be out of the U.S. long enough, at least 6 months, but more likely a year, without coming back to abandon it by deed.

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 and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 9 months ago
Can she try to get a duplicate without me knowing ?
Customer reply replied 9 months ago
Overseas ?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 9 months ago

Unfortunately, yes. She can apply for a Transportation Letter or Boarding Foil to come back to the U.S. and obtain a replacement green card here in the U.S. without you knowing. If she does that, at the end of the 2 year period, she has to apply on her own to remove the conditions on the green card and prove that the marriage to you was real but just fell apart. If you have very little time living together, I doubt she will be able to do that.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 9 months ago

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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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).

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