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pmarshall

Removing conditions - Break up

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Hi all,

I need an question answered I entered the US in on a finance visa and got married in the specified 90 days I have now a 2 year green card up for renewal in august this year.

Me and my wife are going through a bad time and may have to separate in the near future. What are my options as we have a 18 month old son and I dont want to have to move away from him. I also have a business here thats 6 months old.

Thank you

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You can file a divorce waiver I-751 (checkbox on form), as long as you can prove bona fide marriage (co-habitation and financial co-mingling while the marriage lasted), your ROC will still be approved.

If your divorce is final before your 90-day window for filing opens, you can file anyway.

If your divorce is not final when the 90-day window opens, file your divorce waiver I-751 and you'll be RFEd for the divorce decree.

Edited by EM_Vandaveer

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Then I'm not sure what your question was about. If you separate, but do not divorce, you can still file I-751 jointly as long as you make it clear in a cover letter that you are living separately.

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