Need help to the residency here in usa?

Question

i'm a married woman.

i have been here in usa since a year and half.

now, i'm on conditional visa. my visa status is upto 2009 only.

we have separated. my husband is a us citizen & he is not gonna help me to get a permanent residence. so, am i able to get the permanent residence here.

if yes, how should i go thru it.

Answer 1

You can file to remove the conditions of your green without the aid of your husband. However you can only do this once you are legally divorced.

Since you are in separation, you are not eligible for file on your own nor are you permitted to file jointly, since you must still be married *and* living together.

Separation is in limbo. You both need to decide one way or the other, reconcile or divorce.

Answer 2

I would get legal advice if I were you.

Answer 3

You can file form I-751 separately and request a waiver of the requirement to file it jointly.

If you are still married, the petition should be filed jointly by you and the spouse through whom you obtained conditional status. However, you may apply for a waiver of this joint filing requirement if:

You entered the marriage in good faith and have remained married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse; or

The termination of your status and removal would result in extreme hardship.

File the form 90 days before your conditional status expires. There is a fee involved. Download the form from the internet.