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#1
26th June 2009, 02:10 PM
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filing i751 after divorce: type of divorce matter?
Hi,
My wife and I have been physically (but not legally) separated, although we have decided that it's over between us. I am on a conditional GC expiring in June 2010, and am considering divorce on the grounds of constructive abandonment. We live in NY, where you have to be legally spearated for a year before filing for divorce, but that will not buy me enough time before I need to file my i751. Constructive abandonment seems to be my only choice. My question is, in order to show that I entered the marriage in good faith (as did she), will "constructive abandonment" undermine our case? The implication I fear is that constructive abandonment suggests lack of love as motivation for marriage. We were marriaged in Fall 2006, have no kids, no major joint property. Thank you 
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