Memphis, MI Immigration Law Firms & Lawyers

If your daughter was under 18 at the time of marriage, it is faster if she petitions her. It depends on country of nationality to determine time for resident petition but citizenship is faster if your daughter is under 21.

The difficulty in your situation is that your wife's second trip and the contemplated third trip being so close to the second one may raise questions as to whether your wife is meeting the requirement of continuous presence in the US, but the other major concern if you are thinking of leaving her behind when you take another trip of some duration is that she is also required to be in constant residence with you under the three-year rule. Given your situation, your wife should go with you if you have to leave, but try to amass as much evidence as she can of US ties such as US property – real and personal, tax returns, US bank accounts, state license or identity card, utility bills, insurance, membership in associations or societies, etc. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.      

The first thing to take care of is your legal status. Filing for removal of conditions on a green card must be done within the 3 months before the expiration date of the conditional green card, not sooner, not later. Generally, the U.S. spouse has to sign the papers; and you must show that you and your US spouse are living together (not just remain legally married). From what you stated in your question, you cannot apply successfully even if your husband changes his mind and agrees to cooperate: you will not be able to satisfy the living together requirement. In certain situations, the conditional resident spouse can apply without the U.S. spouse's cooperation. Under the circumstances you described, you should qualify. However, to apply for removal of conditions under this provision of law, you need to be divorced from your husband. The deadline for removal of conditions is excused if you apply after a divorce, but it makes sense to do it as soon as possible so you do not have to walk around with an expired green card (your driver's license is likely set to expire on the same date, and you would not be able to renew it until you get a permanent green card). The process is complicated and highly technical. I would not recommend doing it on your own. I understand your reluctance to divorce your husband. But you need to understand that it is your only way to retain your permanent residency. Also, if you divorce your husband and obtain a permanent green card independently of him, it might wake him up from the pipe dreams that he has you at his mercy. An attitude adjustment can lead to a restoration of your family on a healthier grounds.