Retaining Green Card after divorce.

[sajjad2500]

Retaining Green card after divorce

I got married in January 2016 and got my conditional green card in march 2017 I do not have good relationship with my wife she thought before marriage that I will make a lot of money which I am not making so she wants divorce from me and from last 2 months she left home and not living with me and she is keep asking for divorce which I do not want as I love her and want her to come back.

the question is last year we filled tax jointly and we both are on apartment lease but this year she does not want to file tax jointly and does not want to sign apartment lease for 2018, I already tried for marriage counselling twice and she refused to come at counselling session and I had to go alone for counselling even then marriage counselor called her and asked her to visit for session but she refused and said she does not need any session as she does not wanna live with me.

My green card is expiring in 2019 if she will not file tax with me and will not sign apartment lease jointly then there will be an issue for me or if I left this apartment as it cost me high and move somewhere else then it will become an issue for me when I will apply to remove condition from my green card.

[newacct]

I got married in January 2016 and got my conditional green card in march 2017 I do not have good relationship with my wife she thought before marriage that I will make a lot of money which I am not making so she wants divorce from me and from last 2 months she left home and not living with me and she is keep asking for divorce which I do not want as I love her and want her to come back.

the question is last year we filled tax jointly and we both are on apartment lease but this year she does not want to file tax jointly and does not want to sign apartment lease for 2018, I already tried for marriage counselling twice and she refused to come at counselling session and I had to go alone for counselling even then marriage counselor called her and asked her to visit for session but she refused and said she does not need any session as she does not wanna live with me.

My green card is expiring in 2019 if she will not file tax with me and will not sign apartment lease jointly then there will be an issue for me or if I left this apartment as it cost me high and move somewhere else then it will become an issue for me when I will apply to remove condition from my green card.

Do you think she will be willing to jointly file I-751 for Removal of Conditions with you when the time comes? and do you think she will be willing to go to the interview if there is one? If not, then you should file for divorce now and get a final divorce order ASAP so you can file Removal of Conditions by yourself on the basis of divorce.

[inadmissible]

the question is last year we filled tax jointly ... but this year she does not want to file tax jointly

You can file your taxed Married Filing Separately

[sajjad2500]

Do you think she will be willing to jointly file I-751 for Removal of Conditions with you when the time comes? and do you think she will be willing to go to the interview if there is one? If not, then you should file for divorce now and get a final divorce order ASAP so you can file Removal of Conditions by yourself on the basis of divorce.

No I do not think so she will co-operate but as I mentioned earlier my GC is going to expire in 2019 and only 90 days before we have to apply for removal of condition secondly if I will go for divorce do you think it will go in my favor as somebody told me that here laws are more in favor of women than man and how many chances in my situation that I will get unconditional card without my wife support or in case of divorce.

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You can file your taxed Married Filing Separately

I know I can file separately and my apartment lease I can put on my name but the point is it will have any negative effect on my case.

[newacct]

No I do not think so she will co-operate but as I mentioned earlier my GC is going to expire in 2019 and only 90 days before we have to apply for removal of condition secondly if I will go for divorce do you think it will go in my favor as somebody told me that here laws are more in favor of women than man and how many chances in my situation that I will get unconditional card without my wife support or in case of divorce.

You either stay married and file ROC jointly and she cooperates. Or, you divorce and file ROC by yourself. Those are the only options, assuming she is not abusing you. Since you said she is not likely to cooperate, your only option is divorce.

[sajjad2500]

You either stay married and file ROC jointly and she cooperates. Or, you divorce and file ROC by yourself. Those are the only options, assuming she is not abusing you. Since you said she is not likely to cooperate, your only option is divorce.

is it difficult to get unconditional green card if I file myself or is there any chances that uscis deny it totally and I have to go back to home country.

[rayb]

A divorce is not a mandatory prerequisite for obtaining a waiver from joint filing. Compelling evidence of physical or emotional abuse, even without a divorce, frequently succeeds in approval of the 10-year GC.

--Ray B

is it difficult to get unconditional green card if I file myself or is there any chances that uscis deny it totally and I have to go back to home country.