Can I apply for unconditional green card by myself if I divorced my American husband before the 2 year period time? 2 Answers as of December 15, 2010

I came to USA in good faith to marry an American that promised to take care of me. I have received the first green card, and it has been one year only and things are going from bad to worse. I'm beigh forced to work 2 jobs to pay most of the bills, not allowed (by spouse)even to carry heath insurance because it's "too expensive". Spouse controls all my money up to the dollar, I have no say in any matters, very controlling. I feel like I am a slave in this marriage. I do not know how long this marriage can last.
If I divorce, can I file for second green card in one year? And what are the chances that I can prove my case?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Normally a divorce will extinguish-cut off your right to adjust your status from conditional to permanent legal residency. However, you can still petition to remove conditions on your visa, which has to be filed promptly within 90 days prior to the running of the two-year period of the conditional visa, if you include a statement, supported by other evidence, that the marriage was entered into solely for love and not for the immigration benefit visa. The CIS will look at the evidence closely, but will often grant the removal of conditions so you can get the legal permanent residency (green) card. If there is any way I can be of help, by all means call or e-mail, to set up an appointment to meet by phone or in person.
Answer Applies to: California
Replied: 12/15/2010
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
No, if you divorced your husband before filing to remove the conditions on your original green card, you could still file your request to remove these conditions without his signature of consent but you would need to sufficiently explain to the USCIS the abusive conditions which led to your divorce. You would not, however, be filing for a second green card.
Answer Applies to: Virginia
Replied: 11/17/2010
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