QUESTION

Am I going to lose my green card if we get divorced?

Asked on Jan 19th, 2017 on Immigration - Georgia
More details to this question:
I got my Permanent Residence Card about 8 months ago, but my husband and I have not been getting along for long time. I have no pending process.
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2 ANSWERS

Sexual Harassment Attorney serving Brooklyn, NY
3 Awards
Is it a permanent green card? Did you have a real marriage? You should speak with an attorney.
Answered on Mar 19th, 2017 at 10:16 AM

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Immigration Law Attorney serving Atlanta, GA
3 Awards
Sorry to learn of complications with your marriage relationship. Regarding immigration issues, if you received Conditional Resident status (when an I-485 application is approved before a couple has been married for two full years), then you will continue to have an obligation to timely file a Petition to Remove Conditions. If at that time you may have become divorced, you will need to seek a waiver of the usual requirement that the couple file the Petition together, and to be successful with that you will need appropriate documentary evidence that your marriage was bona fide notwithstanding that it ended in divorce. If you received full Permanent Resident status (when an I-485 application is approved after a couple has been married for two full years) and become divorced, be aware that you still may need documentation of the bona fide nature of your marriage at the time you may apply for naturalization. It would be wise to consult with an immigration attorney who, after learning all of the relevant facts, could advise you about the types of documents that may be helpful for you to obtain and save now, for use in the future. Additionally, it would be wise for you to consult with a domestic relations/divorce attorney to learn about your rights and obligations in the event of a divorce. Finally, it may be wise to seek help from a marriage counselor or similar professional to explore ways you and your husband might be able to resuscitate your marriage.
Answered on Mar 17th, 2017 at 6:15 PM

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