I think it depends on her current immigration status. If she is on conditional greencard, she still can get the condition removed under hardship wiver (see INA sec. 216) even if she and her hu*****and terminate their marriage, as long as she can prove their marriage is in good faith.
Her case is complicated in the sense that she doesn't know whether her initial greencard application has been approved at this stage. If it is not approved and her hu*****and timely files petition to cancel his petition, she will be in big trouble. The other obstacle she must overcome is that applying for waiver requires the joint petition (to remove the conditional residence) to be timele filed. In her case, it is unlikely her h*****and will do her a favor. THus she must prove that the failure to file the joint petition is due to good cause. Of course she has a tough case, but with an immigration attorney's help, I will not say she has no hope.
I know nothing about the three-year rule as you mentioned in your post. Could you please provide me the corresponding statute? Thanks a lot!
Her case is complicated in the sense that she doesn't know whether her initial greencard application has been approved at this stage. If it is not approved and her hu*****and timely files petition to cancel his petition, she will be in big trouble. The other obstacle she must overcome is that applying for waiver requires the joint petition (to remove the conditional residence) to be timele filed. In her case, it is unlikely her h*****and will do her a favor. THus she must prove that the failure to file the joint petition is due to good cause. Of course she has a tough case, but with an immigration attorney's help, I will not say she has no hope.
I know nothing about the three-year rule as you mentioned in your post. Could you please provide me the corresponding statute? Thanks a lot!
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