Hello,

Hi to everybody here. I have some questions about the waiver provisions in I-75 and I would appreciate your comments.

1) If a husband and wife are not getting along well, must the divorce be final before the wife (the one with the conditional permanent residency) can file to remove those conditions waiving the joint filing requirement? The wife came to the US via a fiancee visa and they got married within the 90-day period.

2) Since the filing to remove the conditions must be done within 2 years from the date the green card was issued, is it still possible for the wife to waive the joint filing requirement on the ground that the divorce is pending?

3) What is your opinion on this provision of I-75, again concerning the waiver of the joint filing requirement, viz:
"If you are filing for a waiver of the joint filing requirement because the termination of your status and removal would result in 'extreme hardship.'"

4) Just in case the wife decided to waive the joint filing requirement, and for one reason or another, the USCIS disapproves her petition, can she still appeal such decision? Or she should immediately go back to her country of origin?

Thank you.