Can my residency get revoked if I got my temporary green card, and I'm going thru a separation/divorce? 7 Answers as of February 03, 2014

I'm married in a bona fide marriage for 6 months. I got the provisory green card (2 years), and I'm afraid to lose my status. I just moved out from where we used to live. What I need to inform Immigration? What should I do about the waiver of signature before my green card expires? What happens if my waiver gets denied? Can CIS revoke my green card? I just want to move on with my life, after suffering in a hardship marriage. Need to be enlightened. Thank you

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

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Eric Fisher | Eric Fisher
The divorce must be final to file the I-751, which is due before the temporary card expires. You must also prove the marriage was bona fide, and USCIS will question you closely. If the future ex agrees to go to the interview that helps.
Answer Applies to: Colorado
Replied: 2/3/2014
Cavaleri & De Marco LLP | Jorma Cavaleri
As long as your marriage is *bona fide* and there are no other issues (such as a criminal conviction), then you should be able to remove the conditions on your green card. Also, believe it or not, once you are divorced you can apply for removal of conditions right away without waiting any longer.
Answer Applies to: Minnesota
Replied: 2/3/2014
Alena Shautsova
Alena Shautsova | Alena Shautsova
You will need to show that your marriage was real. If you will not succeed, you will be referred to an immigration judge.
Answer Applies to: New York
Replied: 2/3/2014
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
Assuming your marriage was bona fide, you should be able to obtain a waiver of the joint filing requirement. You will need to submit evidence to show the marriage is bona fide. Your permanent residence will be terminated if you fail to establish the marriage was bona fide. You would be best advised to retain an experienced immigration attorney.
Answer Applies to: New York
Replied: 2/3/2014
Abigail Law Firm, PLLC | Meghan Abigail
You will probably want to file for a waiver based on divorce. You will need to prove that the marriage was bona fide but just did not work out, and that you are divorced. If you apply before the divorce is final, USCIS should issue you a request for evidence giving you 84/87 days to supply them with the final decree. It is better to get this taken care of sooner rather than later to avoid complications. For example, when your card expires, you could be referred to Immigration Court if you have not had the situation sorted out. I recommend meeting with an attorney to handle the case and make sure you are proving up everything you need to. Sorry to hear the marriage did not work out and best of luck.
Answer Applies to: Texas
Replied: 2/3/2014
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    You will be fine as long as you have proof of your marriage and relationship. Your green card is still good until it expires regardless of the divorce. You must file a petition prior to the card expiring. That's it. No need to notify immigration in the meantime. Consult with an experienced immigration lawyer.
    Answer Applies to: California
    Replied: 2/3/2014
Click to View More Answers: