Can I still get my Green Card eventhough I want to get divorce before fingerprints and interview? 7 Answers as of December 19, 2010

My case is quite tricky, so I got married in 2009, Jan13 in NY and then I got back to Europe and he to Afghanistan (he is military), we moved to USA both in June and since then we have been in the US. I started all paperwork but he never was interested in helping especially when it came to pay he always escaped that part, so after a year being with him I realized that he is not only a big child shopaholic/hoarder/selfish person BUT does not actually want me to have any rights! Like he puts bread on the table and you stay at home woman! Plus he is abusing me all the time verbally and mentally, apart from all that I got the opportunity and help from my relatives to file the papers for Green Card and I am waiting what is next BECAUSE I want to divorce him right now and stay in USA. What will happen?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I have to know, first of all, did you already get the initial conditional legal residency, so that you could come into the USA after you got married. Also, how were you in New York in the first place? If the divorce takes place before your initial conditional green card, your eligibility is done
for. If not, then the conditional legal residency is good, but to remove conditions and avoid a rejection due to marriage fraud, be prepared to show how the marriage was done for love and not to merely get an immigration benefit. If you want to discuss the matter further, and obtain my help, feel free to call or e-mail to set up an in-person or telephone consultation. Best to you.
Answer Applies to: California
Replied: 12/19/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
If you divorce before the Interview, then you are not going to get a green card based on marriage. Your only option is VAWA. That is if you believe that you are psychologically or physically abused by your spouse.
Answer Applies to: California
Replied: 12/3/2010
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
It is possible you need to go speak with an immigration attorney to have them help you, but it is very possible.
Answer Applies to: Florida
Replied: 12/3/2010
Law Offices of Daniel Richardson
Law Offices of Daniel Richardson | Daniel R. Richardson
In order to get a green card based upon a marriage to a United States citizen you have to have an approved petition and an approved application for the green card. You will also have an interview in which your marriage will be evaluated by the interviewer. Even if you are granted the green card after the interview your green card will be limited to two years to see if you're still married at the end of that time.

You may be able to remove the conditions at the end of the two years if you can demonstrate that your marriage was valid at the time you entered into it. However you have to be very careful if you are continuing in a relationship that you intend to terminate because you may be involved in visa fraud by representing that you are still in a valid marriage at the time of the interview.
Answer Applies to: California
Replied: 12/3/2010
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
If he is physically abusive, you could file under the Violence Against Woman Act, and you do not need to be married. Otherwise, you must remain married in order to get the green card.
Answer Applies to: California
Replied: 12/2/2010
    Fletcher, Tilton & Whipple, PC
    Fletcher, Tilton & Whipple, PC | Kirk A. Carter
    The general rule is that in order to get a green card based on a marriage to a US citizen, the marriage must be viable at the time of the interview. While there are rare exceptions, USCIS seldom accepts these in practice. An alternative route is the Violence Against Women's Act, which provides that a woman who is subject to extreme abuse or cruelty (it can be mental or physical) can apply independently of her spouse for the right to remain in the US based on that abuse. US immigration laws do not expect an immigrant to remain trapped in a bad or dangerous marriage. There are options. Consult a qualified immigration attorney to assist you with exploring your options.
    Answer Applies to: Massachusetts
    Replied: 12/2/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Sorry to hear your sufferings. You can petition yourself as battered wife. You are more than welcome to contact us for assistance.
    Answer Applies to: Florida
    Replied: 12/2/2010
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