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  • Need Help Desperately!

    Hi everyone,
    My brother has a conditional green card that expires on March, 2008. His wife is a US citizen (of indian origin), and my brother is from India. My brother came to US on March 2006, and lived with this wife till January 2007. The relationship between them exacerbated during this time, and his wife has told him that she does not want to live with him anymore. My brother left for India to be with my parents for a couple of months.
    Now he wants to come back to US, and he wants to come to stay with me and my wife in Florida.
    My question is that since he has a conditional green card till March 2008, is it legal for him to live and work here in Florida, while his wife lives in another state? Neither him nor his wife have talked about divorce, which might happend in the near future. Will he or we can get in any trouble in regards to immigration and law etc.?
    Also we realize that lawfully he will have to report his change of address, if he gets work here? Could this be a concern to the INS?
    And last but not the least, could his wife keep him from entering the US, realizing that they have not been divorced nor they have started the divorce proceedings yet?

    I am sorry to ask so many questions, but I am desperately needing help. Any suggestion and/or replies will be highly appreciated.

  • #2
    Is the "conditional" GC one that was marriage based? One that will expire in 2 years unless an I-751 form is completed? If so, I think your brother is pretty much in the clear until the time of expiration. Depending on his personal circumstances after the conditional GC expires could affect his status in the future (eg. divorce, etc.).

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    • #3
      If you are no longer married to your sponsor spouse, or if you have been
      battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the US.
      If you are in divorce proceedings, but not yet divorced, you may not apply for a waiver of the requirement to file a joint petition, based on the "good faith" exception. i read these lines from 'immihelp.com' i would like to know if anybody have met such situation.Need more information....Pls.

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      • #4
        Thanks

        Thank you guys for replying to my post. I also called some immigration attorneys and they confirmed that it will be fine for him to stay and work away from his wife. I believe he will be the only one filing the removal of his conditional status, since his wife is not going to be with him. I think it will be wise for him to seek help from an attorney at that time.

        Again, thanks for your replies. Please continue to reply to this thread. There are others who might benefit from this subject.

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        • #5
          Hello armani, do share what finally your brother did on his situation, will aprreciate...

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