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A friends Trouble


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We have a friend who came here from china, has her 2 year green card and small child here from a previous marriage.

Bottom line is the man she married and left china for is shall we say, not working out in many respects.

If she wants a divorce does she have to return to china?

She came here on a K1.

Kinda worried for her because she has no resources here to speak of and is in a poor situation but does not want to return to china.

Edited by shadeOgray (see edit history)
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Depends on the basis of divorce, she can file to remove conditions on 2 year card by herself if a divorce is final, will need to file a waiver of joint filing requirement.

 

Return to China would only be required if USCIS denies the I-751 (Removal of Conditions)

 

More:

 

http://www.uscis.gov/files/form/i-751instr.pdf

http://www.murthy.com/news/n_remcon.html

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