My US spouse won’t sign the joint petition (I-751)

Do you have a conditional green card? Is your United States spouse threatening not to sign the joint application so you can get your green card? Do not be afraid! The law knows that situations like this can happen. You can get your permanent green card even if your spouse refuses to jointly sign the application or appear with you at the interview. Some United States spouses punish their spouse by refusing to file jointly or appearing at the interview. I had a client who knelt down, crying and begging his spouse to sign the form. She refused. He filed without his wife signing the form or appearing at the interview. Sure enough, immigration denied his case and asked him to leave the United States. I was able to help him get his green card using one of the exceptions provided under the law.

A conditional green card expires in two years unless the card holder takes steps to become a permanent resident. To become a permanent resident, the applicant must file USCIS Form I-751 within 90 days of the two-year anniversary. This application must be filed jointly with the United States spouse. Once the application is approved, the applicant becomes a permanent resident. In reality, a lot of things happen between receipt of temporary green card and applying for permanent green card. Sometimes, couples fight, divorce, or separate.

The biggest nightmare occurs where the United States citizen refuses to sign the form jointly or refuses to appear at the interview. Absent some legal exceptions, United States immigration will deny the application and may place you in deportation. The law allows you get around your spouse’s signature by showing that despite your good faith marriage you are now divorced, widowed, the victim of being battered or extreme cruelty by your United States spouse, or would suffer extreme hardship if you were denied permanent residency. Proving your case under one of these exceptions can be complex. In 2016, I helped another client whose wife refused to sign the form or show up at the interview. He did not seek legal help. His case was denied. He contacted our office. We refiled the case and accompanied him to the interview. My office fought hard for him and his case was approved. Today, he has his green card. We can help you!

The content of this article is intended for general information purposes only, and is not legal advice Call now for a professional consultation. Gertrude Onuoha Esq., at 575 Lexington Avenue, 4th Fl. NY NY 10022 (PHONE) 212-971-9704 or 732 642 5605. You may be eligible for immigration benefit.

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