When can I divorce my wife who got a green card through marriage? 17 Answers as of June 02, 2013

I am a US citizen. I married a foreign citizen two years ago. My wife now has a green card. Can we get a divorce now? Does the law require a minimum length of marriage before we can divorce?

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The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
Just in case neither of you knew this before getting married, but it is against the law to marry for the sole purpose of obtaining a green card. There is no minimum length of time you have to be married in New York in order to file for divorce as New York State is now a no-fault divorce state. But you will have to satisfy the residency requirements of New York in order to do so. Just so you are aware, if the federal government suspects that the marriage was done purely for the basis of a green card, both you and your wife can be looking at significant jail time.
Answer Applies to: New York
Replied: 11/14/2011
Law Office of James Bordonaro
Law Office of James Bordonaro | James Albert Bordonaro
I think the question is whether the marriage was done out of commitment or to obtain a green card. However, this issue needs to be asked of an immigration expert.
Answer Applies to: Kansas
Replied: 11/14/2011
Alfred Law Firm
Alfred Law Firm | Janice Alfred
The conditional green card is issued for 2 years. After that she receives the permanent green card. If she already has the permanent green card, it is unlikely that your divorce will affect her status absent a showing of fraud. If she has not received the permanent green card, a divorce will likely create some issues but it may not necessarily prevent her from obtaining her permanent green-card.
Answer Applies to: Georgia
Replied: 11/14/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
In terms of Washington divorce law, there is no minimum time that the two of you have to be married before you can file for divorce. So, theoretically, you could start the divorce at any time. However, there may be immigration issues in your particular case. Therefore, before you begin a divorce, you should probably consult an immigration attorney.
Answer Applies to: Washington
Replied: 11/11/2011
The McDonnell Law Firm, PLLC
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
You must be a resident of New York State continuously for a minimum of one year before commencing a divorce action. However, if the marriage was consummated for the sole purpose of getting US citizenship for your wife, you may be liable for immigration fraud and other charges.
Answer Applies to: New York
Replied: 11/11/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You can divorce her at any time you want. The two year timeline just means that if she is divorced before then she loses her residency status.
    Answer Applies to: California
    Replied: 11/11/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    There is no waiting period for a divorce. You can divorce at any time. However, the divorce may cause issues with a person who has a conditional permanent residency where the INS will inquire as to the legitimacy of the marriage.
    Answer Applies to: Minnesota
    Replied: 11/11/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    No, the law (at least family code) does not require you to be married any particular period of time. If you are concerned about your wife's immigrations status and want to help ensure it is not affected, there are ways to help during the divorce, we can make a record where both of you testify that the marriage was intentional, ligitimate, and the divorce is merely a simple decision, not in anyway a part of or result of any immigration processes. This is not "evidence" as such for your wife's immigration (adjustment of status or naturalization) but it is some indicia of the intent.
    Answer Applies to: Texas
    Replied: 11/11/2011
    Bruning & Associates, PC
    Bruning & Associates, PC | Kevin Bruning
    You can file for divorce immediately.
    Answer Applies to: Illinois
    Replied: 11/11/2011
    Attorney & Counselor at Law
    Attorney & Counselor at Law | John Hugger
    In Colorado there is no minimum time for a marriage to get a divorce. You must be a resident of Colorado for at least 90 days, and / or six months is children are involved. Consult with an attorney.
    Answer Applies to: Colorado
    Replied: 11/11/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You can file whenever you wish.
    Answer Applies to: Georgia
    Replied: 11/11/2011
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