Immigration Issues/Green card expires.

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Hi Robert.

Ok here is my issue. I came to the US with my husband in June of 2002. We filed the I-751 in June of 2004 as joint. Well, we've been seperating for about 1 1/2 years now. When I filed my I-751 in June '04, we were still together, but by the time I had an interview with the INS we were already seperating, so it was denied, because my husband didn't show up the the interview. My green card expires by the end of may, 2006. They told me to simply refile the petition but now as a single with my divorce papers. The problem is I have a restraining order against my husband and he is working as a civilian in Kuwait right now (comes back in August, '06), which didn't give us a chance to file for a divorce yet. Is there a way I can let the INS know, that I will sent in the divorce decree later. Do I need a lawyer...Who could help me? I am scared I will be deported. What can I do? Thank you so much for your help Robert.
Monika

Answer
You can not file checking off the box that the marriage was terminated without a divorce. Since you know where your husband is, you must hire someone to serve him with diovorce papers. As soon as you get divorced, file the I-751. If the divorce is not filed until after your card expires do not travel and explain to them in an affidavit with the filing that it was late, becasue you had to go to the trouble of locating and serving your husband in Kuwait.


Regards,

Robert  

Immigration Issues

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