question for a friend

[darlene 0]

A friend of mine that I have know for several years lives here with his wife and has his AOS and is close to filing for his removal of conditions. He and his wife have not been getting along and it looks like there is no hope of this marriage. He would like to stay in the States along with his 10 year old son.

What can he do in order to stay?

Any and all resonses will be greatly appreciated.

[*JG* 2]

If he files before divorce, there should be no issues. How close is he to filing?

[darlene 0]

If he files before divorce, there should be no issues. How close is he to filing?

A couple of months. So it would be better to do it before filing for divorce? File as if they are still married??

[Kathryn41 3,205]

He can also file for a waiver of the joint filing condition if he gets divorced before the Removal of Conditions. USCIS recognizes that marriages do break down. He is still responsible for providing the evidence necessary to prove that the marriage was a valid marriage even though it failed to thrive. The 'waiver' is at the bottom part of the I-751 form. His divorce needs to be finalized to use it. He may find it useful to read over the form and its instructions now.

Edited June 26, 2008 by Kathryn41

[darlene 0]

Thanks. I doubt his divorce would be final before filing. What happens if he files and his wife will not sign the forms? Anything he can do about that?

[darlene 0]

One more question, can he send in his application while waiting for a divorce?