I am the primary applicant and my husband and child (who aged out but was age protected) got CPR status in March 2023. Me and my child have filed the taxes for 2023 now. My husband (dependent spouse) has not yet filed tax and wants to surrender the conditional green card. He has been living outside the country and does not have a bank account and he doesn’t have a driver’s license or phone number in the U.S.
Me and my dependent child would want to file our I-829 and eventually become citizens. We (me and child) co-own our home in the US, have bank accounts and drivers’ licenses and registered vehicles here.
How should we proceed with the I-829 application so that me and my child can remove conditions? My husband may re-file later for a green card through me but for the foreseeable future needs to stay out of the country due to other obligations.
Answers
Bernard P Wolfsdorf
Immigration Attorneys DirectoryThere is no obligation to include him if he decides to let his green card expire.
Lynne Feldman
Immigration Attorneys DirectoryNo problem filing the I-829’s for you and your child without your spouse since you are the Principal.
Belma Demirovic Chinchoy
Immigration Attorneys DirectoryJust like that – file with yourself and your child on I-829. No explanation needed. Your husband's residence will be terminated if he doesn’t timely file I-829. I advise giving up the GC but you should discuss the pros/cons w your attorney.
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