QUESTION
When can I divorce my wife who got a green card through marriage?
Asked on Nov 09th, 2011 on Child Custody - Colorado
More details to this question:
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?
8 ANSWERS
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Yes.
Answered on Jun 02nd, 2013 at 9:47 PM
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.
Answered on Nov 14th, 2011 at 3:44 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
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.
Answered on Nov 14th, 2011 at 11:52 AM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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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.
Answered on Nov 14th, 2011 at 11:39 AM
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.
Answered on Nov 11th, 2011 at 2:00 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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You can file for divorce immediately.
Answered on Nov 11th, 2011 at 9:29 AM
Glen Edward Ashman
You can file whenever you wish.
Answered on Nov 11th, 2011 at 7:48 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You can divorce now.
Answered on Nov 11th, 2011 at 2:26 AM