Can I file I-751 together while having custody order for our child?

Z

Zac77

New Member
I am on a conditional greencard based on marriage. My wife recently moved to other town to pursue her career goals with our daughter (she is not going to return). To enforce my visitation rights with our daughter I need to file for divorce and I need to do it fast before 'residency' of child is chaned to the other state. However, To keep open chance of resuming marriage in future and to protect my chance of permanent green card i dont want to file for divorce.

So, I am thinking of filing for the visitation rights under Unified Child Custody Jurisdiction Act (it wont divorce us but determine my visitation rights and child support responsibility). I might be able to file I-751 together, is that practical? How does it look to file I-751 together and at the same time have 'defined' custody rights and child support orders? How it will affect my visa case; how USCIS will react to this? what is my option otherwise to see my daughter without losing chance of permanent green card?

Any other comment, suggestion welcome. Thanks.

Additional information
Married July 2006, Became conditional resident Augut 2007,
Daughter born on June 2007; Removal of condition scheduled August 2008
 
Zac77 said:
Additional information
Married July 2006, Became conditional resident Augut 2007,
Daughter born on June 2007; Removal of condition scheduled August 2008
Click to expand...
I think you mean: "Removal of condition scheduled August 2009"
What is being checked at the removal of conditions is whether your marriage was valid at the time it was established and at the time you applied for GC. The fact that you are divorced or divorcing when you file for removal of conditions is not ideal, but not necessarily detrimental to your case.
You have a kid together: that is strong proof your marriage was legitimate and well-intended. You are paying child support: very strong point! You want visitation of the child: very strong point again.

Wd
(IANAL - I'm not a lawyer)
 
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