What legally happens if I get a divorce while trying to renew my green card? 4 Answers as of February 22, 2011

hi, i am going to renew my visa from the temporary two year visa to the permanent residence on march 2010, what will happen if my husband files a divorce before this date and send it to the immigration officeI am going to renew my visa from the temporary two year visa to the permanent residence on March 2010, what will happen if my husband files a divorce before this date and send it to the immigration office is it too late to do this procedure, or can he still take my green card away. Thank you. is it to late to do this procedure, or can he still take my green card away.

thank you.

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William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
If married less than two years hire a lawyer. If you have been married more than two years you are OK.
Answer Applies to: Tennessee
Replied: 2/22/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
If your husband does not co-sign your petition to remove the condition, you will lose your green card unless you can prove you are bartered spouse. If you need help with the later, please contact us. Good luck!!
Answer Applies to: Florida
Replied: 2/22/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
There are several options for you to self-petition if your husband won't cooperate. One of them requires you to be divorced so if you don't qualify for one of the others it is best that you get divorced quickly. You will need to establish the original marriage was legitimate and not entered into to circumvent immigration.

The green card is yours though your husband cannot "deport you." If you would like a consultation on the facts of your specific case feel free to contact me as indicated below as time is critical; if you do not timely file, USCIS is required to serve you with a Notice to Appear in immigration proceedings. I do charge for consultations; but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for services after the consultation.
Answer Applies to: California
Replied: 2/22/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
You have to file for the removal of the condition during the 90 days prior to your card expiration. There are 4 ways to do so: The most important one and the easiest one is Married and with both signature. This doesn't seem to apply to you. There are three other ways: (1) spousal abuse, (2) divorce and (3) hardship. The divorce option appears to be yours. Submit proof that you lived together with your spouse and all the available joint documents + whatever paper you have from the family court regarding the divorce. If your divorce is not final at the time of filing, the USCIS will ask you for your final judgment at a later time. Good luck.
Answer Applies to: California
Replied: 2/22/2011
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