QUESTION
Can I still gain conditional or unconditional status if my wife is already talking about divorce after only being married for 7 weeks?
Asked on Sep 21st, 2013 on Immigration - Utah
More details to this question:
I recently married my college girlfriend of 2 1/2 years in good faith. Since the marriage, things have not gone great at all and she is talking about leaving me and divorcing me. We have not had our initial interview yet as we have only been married 7 weeks. In my state, you cannot get a divorce until you have been separated at least 6 months so it won't be final when we are interviewed. 1. Can I still gain conditional or unconditional status? 2. What if she does not wish to appear at the interview? I am aware I will most probably need an attorney so if anyone could give me some good advice I will almost certainly be needing your services.
6 ANSWERS
Business/ Commercial Attorney serving Bellevue, WA
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Lana Kurilova Rich PLLC
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If your marriage is irreparably broken already, you cannot get any status through your wife. The entire premise of the wife sponsoring you is that she wants to be with you your mutual intent is to build a life together.
Answered on Sep 25th, 2013 at 3:10 AM
This is complicated, because each adjudications officer has their discretion on adjustment cases. It will be important to prove that you entered the marriage in good faith. The hope is that the two of you can come to some sort of agreement, attend the interview together with a competent immigration attorney, and truthfully discuss the relationship with the officer. You may be able to process for conditional resident status at that point, but the petition to remove the condition may prove a bit of a challenge that will require additional evidence. Yet, it is still possible that the petition to remove the condition will eventually be approved, as well. You should have a competent and experienced immigration attorney to assist in the process and at the interview. Good luck. Our office is two blocks away from the Chicago District Offices at 101 W. Congress.
Answered on Sep 24th, 2013 at 1:57 PM
Too complicated to answer on this forum. You need to speak with an attorney in private.
Answered on Sep 24th, 2013 at 1:35 PM
Immigration Attorney serving Van Nuys, CA
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Law Offices of Hussain & Gutierrez
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You can continue to be a green card holder after the divorce. When the time comes to file for removal of condition that is when you have to show that your marriage was entered in to in good faith.
Answered on Sep 24th, 2013 at 1:13 PM
You must be married and live in marital union at the time your application is approved. You will not be able to obtain any immigration benefit through the marriage if you separate or divorce before the application is adjudicated.
Answered on Sep 24th, 2013 at 12:38 PM
Employment & Labor Attorney serving Salt Lake City, UT
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Sharon L. Preston, P.C.
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If you and your wife appear for the interview together, and both of you present enough evidence that the marriage is bona fide and in good faith, you should get your conditional permanent resident status. However, if you and your wife and separated before the interview and she does not appear for the interview, the USCIS will very likely deny your application.
Answered on Sep 24th, 2013 at 12:27 PM