What is the divorce procedure for a green card holder? 1 Answers as of June 08, 2011I came USA this January through my husband. I have a son in Bangladesh. After I came to USA I got green card within at march with 10years validity, but I realized that my husband had an affair in usa. So now I’m staying away from my husband. I decided divorce to him. Now what will be the procedure? If I divorce him from Bangladesh is it ok? Or should I divorce him in the USA? Which place is more suitable to gave divorce to my husband? After I give divorce him in usa then when I can marry again? And if I decide to marry someone from outside of USA then when I can apply for him? Please let me know.
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
This answer is limited to New York State law. I assume you got your green card through your marriage to your husband. Therefore, it is imperative that you apply for the divorce in the United States, and that you make sure the grounds for the divorce are adultery. The green card you received was conditional, meaning that for the first two years of your admission to the USA (and your marriage) you need to prove you didn't get married just to get your green card. Therefore, you will need to prove that you were an abused spouse in order to get the divorce and not lose your green card. You will need to apply to remove the condition from the green card 90 days prior to the second anniversary of its issuance. Usually, this is done jointly with your husband, but if you are divorced and can show that your divorce was caused by your husband, you can apply by yourself. It is vital that you retain a US matrimonial attorney to represent you who is also experienced in immigration law. If you go back to Bangladesh to obtain your divorce, it is more likely that the US Citizenship and Immigration Service will not accept the terms of the divorce and may revoke your green card status.
Answer Applies to: New York