If your spouse does not intend to file I-751 petition jointly with you, you can seek a waiver for the joint filing requirement. Read the following document.
http://www.uscis.gov/files/form/I-751instr.pdf
As long as you can prove that you were married in good faith and the divorce is legitimate, USCIS has no reason to deny your petition. Your marriage produced a child, this is the most important evidence that ur marriage was true.
Be concerned about the state matrimonial law. Different state has different requirements. i.e. NY needs separation over one year for uncontested divorce and at least one year residence of either spouse. NJ only requires 6 months residence and no fault.
2. If at the time when you must file for I-751 (1 year 9 months ) and there is no final divorce judgment, you may seek extension with USCIS for time to provide final divorce judgment.
3. You must file I-751 to remove the condition even if your spouse does not support you. If you don't, you may lost your status.
Consult a matrimonial attorney and an immigration attorney first before you act.
P/N: not a regular vistor of the site, please do not respond.
http://www.uscis.gov/files/form/I-751instr.pdf
As long as you can prove that you were married in good faith and the divorce is legitimate, USCIS has no reason to deny your petition. Your marriage produced a child, this is the most important evidence that ur marriage was true.
Be concerned about the state matrimonial law. Different state has different requirements. i.e. NY needs separation over one year for uncontested divorce and at least one year residence of either spouse. NJ only requires 6 months residence and no fault.
2. If at the time when you must file for I-751 (1 year 9 months ) and there is no final divorce judgment, you may seek extension with USCIS for time to provide final divorce judgment.
3. You must file I-751 to remove the condition even if your spouse does not support you. If you don't, you may lost your status.
Consult a matrimonial attorney and an immigration attorney first before you act.
P/N: not a regular vistor of the site, please do not respond.
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