Never sent in I 751

[arliss]

My husband and I have been separated for about two years. He is an immigrant. He was supposed to send in his I 751 2 months ago. He never sent it in. I have started divorce proceedings. He is not accommodating. Is he currently out of status, and what could happen to him? Thank you

[VENZwife]

You said he was supposed to turn in the I-751 two months ago? When does his current card expire? You are supposed to file within 90 days of the expiration. If it is two months AFTER the expiration date on his card, then he has lost his permanent resident status and is removable unless he files the I-751 with a written statement showing that the reason for delayed filing was due to extraordinary circumstances beyond his control. Even then, he would have to file a petition to waive the joint filing requirement, and still prove that the relationship was valid.

To make a long story short, if his conditional resident status has expired and he has not filed the I-751, he has lost his status and is removable until he does.

[aussiewench]

There is a great FAQ for
THE IMPACT OF CHANGES IN FAMILY STATUS ON AN ALIEN’S IMMIGRATION PROCESS, SUCH AS DIVORCE FROM, DEATH OF, OR ABUSE BY A USC OR LPR SPOUSE (http://www.familybasedimmigration.com/forum/showthread.php?p=505#conditions)