Can I still get my green card if I am going through a divorce? 14 Answers as of July 12, 2013

What happens if my husband is fixing my green card and while in the process we get a divorce and he wants to charge me?

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Fredric H. Aaron, Attorney at Law, P.C.
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
This answer is limited to New York law. You have not made clear if you are getting your green card through your marriage. If that is the case, then the divorce might mean the end of the process, except in certain cases (such as if you are getting a divorce because of domestic abuse, adultery, or drug/alcohol addiction). If you are getting your green card other than through your marriage (such as through employment or another relative), then the divorce will not impact the process. As for payment for the green card, it is illegal for a US citizen to get compensation from his/her spouse for sponsorship of a green card.
Answer Applies to: New York
Replied: 6/6/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
You must be married for two years.
Answer Applies to: Tennessee
Replied: 6/6/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Normally, if you already filed the I-751 together, then you will in all likelihood get your green card. If not, then you would have to show that the marriage was entered into in good faith and present compelling evidence as to why you should get the 10-year green card even though the marriage has all but ended. Congress decided that a good faith marriage is one that lasts at least 2 years. So, if you have the 2 years, then start lining-up your arguments as to why you should be allowed to stay. If you have children together, that is plus. I found that the reason for the ending of the marriage often provides applicants with a good source of arguments in their favor. So, good luck!
Answer Applies to: California
Replied: 6/6/2011
Fong & Associates
Fong & Associates | William D. Fong
It depends on what stage your permanent residence application is in and the facts of your marriage. Please provide more details or call me to discuss. Thank you.
Answer Applies to: Texas
Replied: 6/6/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
This is posted on a family Q&A. You need to repost this on an Immigration Q&A.
Answer Applies to: Connecticut
Replied: 7/12/2013
    Michael Rose Attorney at Law
    Michael Rose Attorney at Law | Michael Rose
    How long have you been married? Was this marriage to get the green card? The answer would depend on the facts of the case.
    Answer Applies to: California
    Replied: 7/12/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You may still acquire a Green Card based on Spousal Petition even if the marriage is dissolved before the conditional permanent residency has ended. You must, however, be able to show that the marriage was not based on fraud at the time you entered into it.
    Answer Applies to: Minnesota
    Replied: 6/3/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    That is more of an immigration question than a divorce question, so you should talk to an immigration attorney about that.
    Answer Applies to: Washington
    Replied: 6/3/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    You may have problems because if he claims fraud in the inception of the marriage, that would be something the INS will be looking for and pursue. Consult with an immigration attorney immediately and discuss the matter with them. Good luck.
    Answer Applies to: New York
    Replied: 6/3/2011
    The Findling Law Firm, PLC
    The Findling Law Firm, PLC | Daniel M Findling
    This question is best answered by an immigration attorney. Notwithstanding, a divorce can have an effect on your ability to obtain citizenship however, typically has no impact. Thank you for the opportunity to assist you in this matter. If you require further assistance or would like to schedule a free confidential consultation, I have provided my contact information below. During the consultation we can discuss both the obligations and benefits associated with your case. I look forward to meeting you to discuss your goals.
    Answer Applies to: Michigan
    Replied: 6/3/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Please consult with your immigration attorney. Sometimes having a husband can expedite obtaining a Green Card. Find out if yours is one of those cases.
    Answer Applies to: Ohio
    Replied: 6/2/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Then you will be in trouble and won't be able to get even conditioned green card. However, if you can discuss your actual marriage state with a lawyer, a solution may be available to you.
    Answer Applies to: Florida
    Replied: 6/2/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    This depends on what your immigration status is right now, and what has happened between you and your husband. You need to speak with an immigration lawyer (and a criminal defense lawyer if he is charging you with a crime).
    Answer Applies to: New Jersey
    Replied: 6/2/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    You should consult an immigration lawyer with this issue.
    Answer Applies to: Washington
    Replied: 6/2/2011
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