Lodi, NJ Immigration Law Firms & Lawyers

The difficulty that I see in your case is if your husband stayed illegally in the US for a year before he went to Costa Rica. If so, he would be barred from returning to the US for 10 years from the date that he left in 2009 unless he obtained a waiver of the bar based upon extreme hardship to you. Other than that, you may be able to do all the paperwork from Costa Rica, but you will have to prove that you still have a domicile in the US such as through the presentation of documentation of whatever ties and bonds that you have with the US, e.g. registering to vote, proof of a job in the US, residence. In addition, if you are not making sufficient monies, you may also have to have a financial cosponsor for your husband. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence  

We handle matters like this for our clients all of the time. It is important for our office to make an analysis of the options that are available for you.

Since your status is conditional, you will need to remove your conditions during the 90 period before the 2 years expires. If you divorce, you can still file alone and without her support. You would have a good case since you have children together. They will not just come and take your green card. You will have your opportunity to prove the marriage was real, but you had problems and divorced (eventually).