Will I lose my green card? 6 Answers as of July 04, 2013I am from Europe, have been married for 14 months, my husband deployed for 12 months during this time. We've disconnected a lot while he was gone and I am not sure our marriage will still work. I was on a Visa in the US, for over 3 years (Fall 2006-Spring 2010) and then got my green card, through marriage. If I get a divorce, will I lose my visa or can I stay? How would I be able to stay in the US? Do I need to apply for a new green card? Do I need to find another sponsor? Do I need to make a certain amount of money to prove I can support myself?
Law Office of Baoqin Wang | Baoqin Wang
Check if your green card is conditional. If it is conditional and only has two years of validity period, you need to file application to remove the condition. If you are divorced, you file the application by yourself and request waiver of your husband's signature. You need to provide evidence that your marriage was originally entered in good faith. This process is not applying for green card thus no financial sponsorship is required.
Answer Applies to: Oregon
Reza Athari & Associates, PLLC | Reza Athari
If your green card is a conditional one, you may apply for a waiver showing that you entered into the marriage in good faith but your marriage failed. You must consult with an experienced immigration attorney before you make a decision.
Answer Applies to: Nevada
Fong & Associates | William D. Fong
Do you have a conditional permanent residence or a 10-year green card? If you have a conditional permanent residence (2-year green card), when you divorce, you will need to prove up the bona fides of your marriage, including cohabitation and co-mingling of funds. If you have your 10-year card, you are a permanent resident and your divorce will not affect your immigration status.
Answer Applies to: Texas
Law Office of Immigration & International Trade Law | Linda Liang
This depends on whether you have a two year conditioned green card or permanent green card. If you have two year conditioned green card and you divorce, yes, you have to start over.
Answer Applies to: Florida
Law Office of Christine Troy | Christine Troy
Your question is very factually specific and really requires you to have a full consult with a competent immigration attorney. If you actually have a green card now, and it is the two year card, you need to apply for a permanent card. You can do this with him or alone but it is way too long of an explanation for this forum. So I can tell you that you do have options to retain your green card but need a consult!
Answer Applies to: California
Christian Schmidt, Attorney at Law | Christian Schmidt
If you have been married for less than two years and obtained your green card through the marriage, you were granted only conditional resident status. This means your green card is only good for two years and your status will automatically expire. You must file a petition to remove the condition on your residence up to 90 days before your current green card expires in order to extend your resident status and obtain a 10 year green card. The petition is normally filed jointly by husband and wife. If you are separated you must file the petition alone but the Immigration Service can adjudicate it ONLY if you are legally divorced. In this case you still can file the application if the divorce occurs after your green card expired or the government seeks to deport you. As you can see, the filing of the petition becomes more difficult if you separate and you should consult with an immigration attorney who can advice you about the timing issues for filing.
Answer Applies to: California