Can I still gain conditional or unconditional status if my wife is already talking about divorce after only being married for 7 weeks? 8 Answers as of September 25, 2013

I recently married my college girlfriend of 2 1/2 years in good faith. Since the marriage, things have not gone great at all and she is talking about leaving me and divorcing me. We have not had our initial interview yet as we have only been married 7 weeks. In my state, you cannot get a divorce until you have been separated at least 6 months so it won't be final when we are interviewed. 1. Can I still gain conditional or unconditional status? 2. What if she does not wish to appear at the interview? I am aware I will most probably need an attorney so if anyone could give me some good advice I will almost certainly be needing your services.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Lana Kurilova Rich PLLC
Lana Kurilova Rich PLLC | Lana Kurilova Rich
If your marriage is irreparably broken already, you cannot get any status through your wife. The entire premise of the wife sponsoring you is that she wants to be with you your mutual intent is to build a life together.
Answer Applies to: Washington
Replied: 9/25/2013
The Law Office Kevin L. Dixler
The Law Office Kevin L. Dixler | Kevin Lawrence Dixler
This is complicated, because each adjudications officer has their discretion on adjustment cases. It will be important to prove that you entered the marriage in good faith. The hope is that the two of you can come to some sort of agreement, attend the interview together with a competent immigration attorney, and truthfully discuss the relationship with the officer. You may be able to process for conditional resident status at that point, but the petition to remove the condition may prove a bit of a challenge that will require additional evidence. Yet, it is still possible that the petition to remove the condition will eventually be approved, as well. You should have a competent and experienced immigration attorney to assist in the process and at the interview. Good luck. Our office is two blocks away from the Chicago District Offices at 101 W. Congress.
Answer Applies to: Illinois
Replied: 9/24/2013
Alena Shautsova
Alena Shautsova | Alena Shautsova
Too complicated to answer on this forum. You need to speak with an attorney in private.
Answer Applies to: New York
Replied: 9/24/2013
Immigration Law Offices, LLP
Immigration Law Offices, LLP | Fakhrudeen Hussain
You can continue to be a green card holder after the divorce. When the time comes to file for removal of condition that is when you have to show that your marriage was entered in to in good faith.
Answer Applies to: California
Replied: 9/24/2013
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
You must be married and live in marital union at the time your application is approved. You will not be able to obtain any immigration benefit through the marriage if you separate or divorce before the application is adjudicated.
Answer Applies to: California
Replied: 9/24/2013
    Law Offices of Linda Rose Fessler | Linda Fessler
    No you will not be able to get it and if you try to you are running the risk of a fraud charge. If she wants a divorce, you should leave the country as soon as possible.
    Answer Applies to: California
    Replied: 9/24/2013
    Preston & Brar, LLC | Jesse Brar
    If you and your wife appear for the interview together, and both of you present enough evidence that the marriage is bona fide and in good faith, you should get your conditional permanent resident status. However, if you and your wife and separated before the interview and she does not appear for the interview, the USCIS will very likely deny your application.
    Answer Applies to: Utah
    Replied: 9/24/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You may be able to still obtain conditional residence, but it will not be easy and will hinge on timing. Once a divorce action is filed, it is very difficult to obtain status. You will not be eligible to receive a green card through the petition she filed once the divorce is final. The fact that she may not go to the interview will also be a significant issue. This is especially true given the fact that you have been married for such a brief time.
    Answer Applies to: New York
    Replied: 9/24/2013
Click to View More Answers: