Can I apply for a 10 year green card after getting divorced? 9 Answers as of April 09, 2014

I'm actually married to my wife and got my green card 2 years since last august 2013. A couple months after I got my first green card my wife cheated on me and is now pregnant with another man’s child. I know that if I file for divorce, I will be able to get the 10 years if I can show some proof that our marriage was real. Do I need my wife to fill up the documentations even after divorce? Do I have to go for an interview with the immigration and try to get the 10 years? If yes, does my wife need to attend the interview?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Yes you will be able to get a permanent green card if you can prove that the marriage was bona fide from the time it was entered into and through its termination. Your wife will not need to provide any assistance as long as you can provide all the necessary supporting documentation showing the marriage was bona fide.
Answer Applies to: California
Replied: 4/9/2014
Penn Law
Penn Law | Gigi Penn
Your current green card is a conditional green card. When you apply for your unconditional green card, the USCIS generally expects you to be still married. However, under your circumstances, you may still apply, by yourself, to obtain the unconditional green card, provided you prove to the USCIS' satisfaction that you entered into a bona fide marriage, in good faith, and that, through no fault of your own, it did not succeed. You will need to submit documental proof of this. Consult an immigration attorney to assist you and to protect your rights.
Answer Applies to: Washington
Replied: 4/8/2014
Law Office of Adebola Asekun | Adebola O. Asekun
It appears you are presently a legal resident on a conditional basis CR1 and you will need to file a Form I-751 Petition to remove the conditions on your residence at anytime within 90 days of the second anniversary of becoming a legal resident. Generally, USCIS requires both you and your spouse to file the petition together. But CIS also realizes that in situations where the parties are no longer together, the alien spouse without any assistance of the US spouse, such as where you are now divorced, where the US spouse is deceased, where the alien has been subject of abuse at the hands of the US spouse. If the marital relationship has broken down and it is expected that you spouse will not join in filing the I-751, you must immediately hire an attorney to start preparing for the I-751 filing with a request to waive the appearance or consent of your US spouse.
Answer Applies to: New York
Replied: 4/8/2014
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You may self-petition for the removal of conditions requesting a waiver of the joint filing requirement. You will need to demonstrate the original marriage was bona fide and not done for immigration purposes. If your wife would write an affidavit describing how you met and her belief that the relationship was legitimate when you entered into it and then describe why it broke apart that will help your case. She does not need to attend the interview.
Answer Applies to: California
Replied: 4/4/2014
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
No, your wife does not need to sign any paperwork if you are filing for a waiver of the joint petition. You can be called for an interview. Your wife does not need to appear.
Answer Applies to: New York
Replied: 4/4/2014
    Pius Joseph A Professional Law Corp. | Pius Joseph
    You will have to file an I-751 waiver with supporting evidence. I suggest that you hire a lawyer to do this since this a fairly serious matter in your life and only lawyers are well trained to deal with type of scenario .
    Answer Applies to: California
    Replied: 4/4/2014
    Rivas-Rivera Law Offices
    Rivas-Rivera Law Offices | Juan Ramon Rivas-Rivera
    If you divorce her or she refuses to sign the removal of condition, you can request a waiver and file it yourself without her help. All you need to prove is that your marriage was a bona fide union.
    Answer Applies to: Texas
    Replied: 4/4/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    It is not going to be as easy as you think. Go see an attorney.
    Answer Applies to: California
    Replied: 4/4/2014
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    You can file for your ten-year green card after your divorce. However, you will be required to prove that your marriage was "real" through documentation (e.g., lease agreement, tax returns, bank statements, travel itineraries, photographs, etc.).
    Answer Applies to: California
    Replied: 4/4/2014
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