How will my green card be affected after a divorce? 7 Answers as of June 06, 2011Im a guy who is married to a US citizen and I have been recently entered into USA. I got a conditional green card.I guess my wife is going to divorce me for some personal problem.So after divorce can I still apply and remove the conditions on my green card and stay as a LPR?
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. You will need a good argument to show that yours was not a sham marriage. Two years is what is required to get over the initial hurdle. A conditional green card is based on the condition that you stay married when the time comes to file for your I-751 to remove the condition. These days USCIS is interpreting the law in a very strict manner just so you know. So, good luck!
Answer Applies to: California
Fong & Associates | William D. Fong
Yes, you can still get your conditions removed; but you need to file for a waiver of the joint filing requirement as you will not be married. You need to prove up the bona fides of the marriage to the satisfaction of the USCIS officer at the interview. Attached is a list of documents the USCIS generally looks for to show cohabitation and co-mingling of funds. Call me to discuss your case in more detail. Thank you.
Answer Applies to: Texas
Lyttle Law Firm, PLLC | Daniella Lyttle
Since you are a conditional resident, your immigration status will be affected. Read my blog entry on this issue: it will provide you with the answers you are seeking. http://www.austinimmigrationlawyerblog.com/2011/04/can-conditional-permanent-resi.html
Answer Applies to: Texas
Law Office of Immigration & International Trade Law | Linda Liang
No. you have to think of other way to regain your green card. Talk to a lawyer about details of your case. You are more than welcome to contact us for a discussion in depth about your case. Good luck!
Answer Applies to: Florida
Eric M. Mark, Attorney at Law | Eric Mark
You can apply to remove the conditions, but you will have the burden of proving the marriage was entered into in good faith and that the divorce is valid. I recommend retaining an attorney to help with the petition. While you will pay some money to an attorney, if remaining in the U.S. is important to you, it is worth the money. Many people who try to remove conditions in your circumstances without assistance have the petition denied and wind up in removal proceedings. They then hire an attorney and it costs more and has less chance of success. Call me for a consultation at no charge.
Answer Applies to: New Jersey