Can I still be granted a green card after our divorce? 5 Answers as of December 19, 2010

I have a question about my immigration status. I got married to my wife in 2004 in Ethiopia and i came to US with a married status in 2005. After my two years green card expires I applied for a removal of condition (I-751). The immigration office requested for an interview and we had the interview three months ago. We have not heard the response on the case. Mean while my wife wants to get a divorce and she is on the process of filing. Would this affect my process? Can you please let me know what I should do so I will still be granted the green card? Thank you for your Cooperation.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The fact that you received conditional legal residency allows you to be in the country without reversal, as long as the divorce happens after the I-751 request to remove conditions is approved. If the divorce happens first, nothing happens unless the wife notifies the CIS, and petitions that she be removed as sponsor. Even then, a written notice by you, to be enclosed with your I-751 file, showing that your original marriage was entered for love and not for an immigration benefit (your visa), should satisfy CIS of your legitimacy, and get your conditions to your permanent legal residency removed. If you have further questions or need of help, call or e-mail me to hold an in-person or phone consultation.
Answer Applies to: California
Replied: 12/19/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
After your wife files for divorce, your green card can no longer be approved. You will have to contact immigration to let them know about the divorce. After you get the divorce decree from the court, your required to file another I-751 as a divorced person. USCIS may send you to deportation proceedings because your I-751 is denied. If that happens, you can file your I-751 with the immigration judge.
Answer Applies to: California
Replied: 12/3/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
It could potentially affect your application, which you filed jointly as a married couple and if you get divorced before the petition is adjudicated, it may be that you will need to refile, requesting a waiver of the joint filing.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answer Applies to: California
Replied: 11/29/2010
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
If the result is not positive, you should seek a lawyer to help to fight it. If you do, you will have a chance.
Answer Applies to: Florida
Replied: 11/27/2010
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
If your case gets approve before your divorce is final, all is fine. If your divorce becomes final or if your wife withdraws the I-751, you must refile another I-751 with a waiver. this means you can file another I-751 without your wife's signature. You can request based on either (1) domestic violence, (2) hardship or (3) you got married for the right reason (good faith) and your marriage is over. it is a lot more difficult to get an approval with a waiver. Probably best to check some attorney for professional assistance.
Answer Applies to: California
Replied: 11/24/2010
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