QUESTION

Can I divorce him though we have not even been together in a relationship for 2 years, without him or me getting in trouble or him being deported?

Asked on Aug 27th, 2014 on Immigration - Utah
More details to this question:
I married a non US citizen. Our marriage is not fraudulent. He just recently got his green card about a week ago. Before getting it, our marriage was not the best. It has come to my attention that maybe it was a mistake.
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3 ANSWERS

Bruce A. Coane
Every case is different, but certainly I have had cases where people got divorced soon after the green card, and I have been able to help them retain the green card and then to get the 10 year green card.
Answered on Aug 29th, 2014 at 8:05 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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You can divorce him, but you or he may have to prove that your divorce a bona-fide one and not a marriage of convenience for immigration benefits.
Answered on Aug 29th, 2014 at 8:05 PM

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Employment & Labor Attorney serving Salt Lake City, UT at Sharon L. Preston, P.C.
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As for divorcing your husband, you can do that at any time. He will not face deportation because he has conditional residence that is good for two years. Since you marriage has been shorter than two years, your husband has Conditional Permanent Residence (Greencard). That means he has to file a petition, within 90 days of the expiration date of his Greencard, to remove conditions from on his Greencard and get a permanent Greencard. When he files the petition for removal of conditions, he will have to show either that you both are still married and filing the petition jointly or he would have to file it alone (if you are divorced) and show that the marriage was bona fide when it took place. And since you both married in good faith and have a bona fide marriage, neither of you should get in any trouble.
Answered on Aug 29th, 2014 at 8:04 PM

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