What can I do if my wife wants a divorce and I only have temporary residency? 14 Answers as of July 19, 2011

If me and my wife got married and I was given a two year residency and then she wants a divorce after a year and a half, am I going to get deported? what can I do? I have been here for 3 yrs and my life is here and she is leaving me for financial reasons.

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

Free Case Evaluation by a Local Lawyer: Click here
Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
You can self-petition to remove the conditions of residence after a divorce. There is a burden on you to prove the marriage was bona fide at the time it was entered into. You should consult with a lawyer to ensure the the proper timelines are met and the burden of proof is satisfied.
Answer Applies to: New Jersey
Replied: 7/19/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
You will still have to file the I-751 Application to Remove Condition on LPR. What you will need to show is that the marriage was entered into in good faith and that she failed to live up to the terms of her contract. There are other avenues, however you will need to consult with an attorney to get down to the specifics of your case. Good luck!
Answer Applies to: California
Replied: 7/19/2011
Law Office of Baoqin Wang
Law Office of Baoqin Wang | Baoqin Wang
You can file application to remove condition of your green card by yourself. You need to provide evidence that your marriage was originally entered in good faith (not for immigration purpose).
Answer Applies to: Oregon
Replied: 7/19/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
No you won't be deported if you can prove that the marriage was entered into in good faith and not to circumvent immigration.
Answer Applies to: Florida
Replied: 7/19/2011
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
You can still file the petition to lift the condition on your residency but you need an attorney to review the merits of your case and advise you accordingly.
Answer Applies to: Florida
Replied: 7/19/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    You will need to apply for the I-751 petition without her, asking for a waiver. I handle cases like this all the time. As long as you can demonstrate that your marriage was valid and that it did not work out through no fault of your own. However these cases are very time sensitive, as you must file in the 90 days before your green card expires (ideally) and the divorce should be finalized or they won't approve your case.
    Answer Applies to: California
    Replied: 7/18/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You will have to file an application to have the condition on your permanent residence removed by showing that you had good intentions to make the relationship work and lived together in marital union for the past one and a half years. However, you must be formally divorced to file the application yourself instead of jointly. You should file the application as soon as your marriage was legally dissolved.
    Answer Applies to: California
    Replied: 7/19/2011
    Reza Athari & Associates, PLLC
    Reza Athari & Associates, PLLC | Reza Athari
    If you married for love and not for immigration purposes, in other words if you entered into marriage in good faith but your marriage failed, YES you can apply for a waiver of joint filing to remove the condition. Please consult with an immigration attorney because waivers of this kind are complicated.
    Answer Applies to: Nevada
    Replied: 7/18/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    If you have your 2-year conditional permanent residence and you can prove up the bona fides of the marriage, then you can get your conditions removed without assistance from your wife. To file the I-751, you need to be divorced and have strong evidence of cohabitation and co-mingling of funds. You should get as much of this evidence as possible now, as once you file for divorce, you may no longer have access to joint documents and photos, etc.
    Answer Applies to: Texas
    Replied: 7/18/2011
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    No, you can use the I-751 as a waiver to self petition based on the divorce or extreme hardship.
    Answer Applies to: Florida
    Replied: 7/18/2011
    The Jarrett Firm, LLC
    The Jarrett Firm, LLC | Patrick Jarrett
    First, I am sorry to hear you are going through this difficulty. Under the two-year conditional residency card, you and your wife must jointly file the I-751 petition to remove conditions. However, if the marriage ends in divorce, you will need to ask for a waiver of the joint-filing requirement. This can be done, but there are circumstances that you need to prepare for and understand. You should speak with an immigration attorney regarding your case to develop a strategy for moving forward. Best wishes.
    Answer Applies to: Georgia
    Replied: 7/18/2011
    Verdin Law Firm, LLC
    Verdin Law Firm, LLC | Isaul Verdin
    You are eligible to file for a waiver. Contact an experienced immigration lawyer. Best of luck.
    Answer Applies to: Texas
    Replied: 7/18/2011
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    You will need to file the removal of the condition with a waiver, the good faith exception. You will need the proof the divorce has been filed, is pending or completed. You will provide documents to show you were living together such as bank statements, joint car insurance, joint health insurance, photos, etc. Make sure to have plenty of evidence of good faith marriage. Your wife doesn't have to sign the immigration forms.
    Answer Applies to: California
    Replied: 7/18/2011
    Law Offices of Iman Abouelazm, P.A.
    Law Offices of Iman Abouelazm, P.A. | Iman I. Abouelazm
    If you are currently a conditional permanent resident based on marriage to a USC, you must file an I-751 JOINT petition to remove the conditions. The purpose of this petition to prove to USCIS that you married your USC spouse in good faith and not for the fraudulent purpose of attaining immigration benefits. Marriages sometimes do not last more than 2 years and this does not automatically mean your marriage was fraudulent. USCIS will however assume it was not bona fide unless you prove otherwise. If your USC spouse will not be joining you in the I-751 petition to remove conditions and will not cooperate with you through this mandatory step, you may request a "waiver of the joint filing requirement". This is not as easy as it may sound, as you must explain very thoroughly and convincingly that your marriage was entered into in good faith and explain why it ended in such a short time. **NOTE: This is a general answer to your question. You should consult with an attorney about your specific case for the accurate and reliable legal advice. Good Luck!
    Answer Applies to: Florida
    Replied: 7/18/2011
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney