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Removing conditions on a green card through marriage when separated but not divorced

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  • Removing conditions on a green card through marriage when separated but not divorced

    I'm a Canadian citizen who married a U.S. citizen and got a green card. We've been married for over two years and are due to apply to remove the conditions from my permanent residency this summer. But two months ago, we separated. We're still in touch, we have no plans to divorce, and we may reconcile, but I can't be sure of that.

    Even if we don't reconcile, I do think my wife would be willing to state that the marriage was in good faith and lasted for over two years, but to jointly file an I-751 if we had been separated for several months would be fraudulent.

    So what am I supposed to do about removing my conditional status if we're still separated but not divorced by the time I have to file an I-751?

    Thanks very much for your time and expertise.

  • #2
    You can file jointly to remove conditions (within 90 days of the card's expiration date). BUT if the I-751 is still pending and you two get a divorce, you will have to send a new I-751 by yourself, asking for the waiver to joint filing.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      PraetorianXI: You're a great help, and thank you. If we are still separated but not divorced when the I-751 is filed and pending, would our application have to make any mention of the separation in order to avoid fraud, or should we just apply as if nothing had happened?

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      • #4
        If you are separated, but are thinking of reconciling/getting back together, then there is nothing preventing your from filing jointly.

        only "legal" separation would prevent you from this. such as a divorce, annulment, death, etc.
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

        Comment


        • #5
          My aunt is a Chinese citizen living in Saipan in the Mariana Islands. She just recently received her green card. Her husband just recently passed this past April. She wants to know is she entitled to social security survivor benefits?

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          • #6
            Based on the limited information that you have provide I will assume the following.

            1. You Aunt never worked in the US.
            2. Your Aunt never contributed to the US Social security system for 10 years.
            3. She recieved a Green card thru marrying a US Citizen.

            The answer is 'NO SHE WILL NOT RECIEVE ANY SSN BENEFITS"

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