What would happen to my status if I got a divorce? 7 Answers as of August 04, 2011

I married someone on a visitors visa in 2010, who now has her green card. Our marriage may not be working out. What would be the divorce procedure and what would happen to her status?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Well, It will depend on how your wife got her green card.
Answer Applies to: California
Replied: 8/4/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
She would have to self petition to remove the condition on her green card if you will be divorcing her.
Answer Applies to: Florida
Replied: 8/3/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
It depends on whether the restraint has been lifted (if you have applied for it and got approved). If it has not, she will be illegal after her 2 years of green card expires.
Answer Applies to: Florida
Replied: 8/3/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
Your wife should have be granted conditional resident status for two years. Her current status will not be affected by a divorce and she can remain in the U.S. until it expires. However, she must file a petition to continue her residence past the two years. The petition is usually filed jointly but cannot be filed so if she is separated from you. She must be divorced to file the petition herself and demonstrate that you made a good faith effort to make your marriage work. She will receive a permanent green card if the petition is approved.
Answer Applies to: California
Replied: 8/3/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
If she has only a conditional green card, after the divorce, she may file waiver of joint petition to remove condition. If she has unconditional green card, she is fine after the divorce.
Answer Applies to: California
Replied: 8/3/2011
    Kazmi & Sakata
    Kazmi & Sakata | Harun Kazmi
    Hello, I would presume that your spouse received a 2 year conditional green card. She will have the option to file to remove her conditions on her card within 90 days of its expiration. You should be divorced or divorcing for her to maintain her status and file without your support for the case. She will need to supply ample proof of the bonafide relationship and marriage for her to keep her status.
    Answer Applies to: California
    Replied: 8/3/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    If she is already a permanent resident, nothing will happen except that she will have to wait five years to qualify for citizenship. If she has conditional residence and you divorce, she will file the I-751 with a waiver of the joint filing requirement and will need to prove up the bona fides of the marriage.
    Answer Applies to: Texas
    Replied: 8/3/2011
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