Immigration Issues/PLEASE HELP ME

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Question
SAY THAT I'VE BEEN MARRIED SINCE 2002 AND NOW WE HAVE A THREE YEAR OLD SON TOGETHER. BUT FOR THE LAST TWO MONTHS IT'S BEEN A LIVING HELL WITH MY SPOUSE BUT EVEN BEFORE THAT WE HAD PROBLEMS SO I TRIED TO WORK THINGS OUT! I FILED FOR MY PAPERWORK IN APRIL  BUT NOW IT'S HARD TO LIVE IN THE SAME HOUSE!IF WE GET DIVORCE BEFORE MY INTERVIEW COMES WILL I STILL BE ABLE TO GET MY GREENCARD?  

Answer
You need to go chat with an experienced attorney. There are special exceptions to the rule that the spouse has to live in the same house and prove the marriage is legitimate. In your case, since you have been married for almost 6 years you may have options. But without your spouse physically being there you have little chance of getting it the normal way.

I am not totally familiar with the exception that allows abused spouses to ask for a special treatment. It has been many years since I even looked at it.

If you can get your husband to go with you to the meeting, you will most likely be approved. With a child you should have no problem, presuming you are otherwise eligible.  Since you have been married for over 2 years, you will get the permanent visa without the conditional status. At that point you simply won't need him.

I really think you need to go talk to an experienced immigration attorney who is familiar with these sorts of things.

Immigration Issues

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Alexander J. Hay

Expertise

I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".

Experience

I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Education/Credentials
Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

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