QUESTION
How will my green card be affected after a divorce?
Asked on May 31st, 2011 on Immigration - New York
More details to this question:
Im a guy who is married to a US citizen and I have been recently entered into USA. I got a conditional green card.I guess my wife is going to divorce me for some personal problem.So after divorce can I still apply and remove the conditions on my green card and stay as a LPR?
3 ANSWERS
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
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Yes, you can still get your conditions removed; but you need to file for a waiver of the joint filing requirement as you will not be married. You need to prove up the bona fides of the marriage to the satisfaction of the USCIS officer at the interview. Attached is a list of documents the USCIS generally looks for to show cohabitation and co-mingling of funds. Call me to discuss your case in more detail. Thank you.
Answered on Jun 06th, 2011 at 9:10 AM
2 Awards
You can apply to remove the conditions, but you will have the burden of proving the marriage was entered into in good faith and that the divorce is valid. I recommend retaining an attorney to help with the petition. While you will pay some money to an attorney, if remaining in the U.S. is important to you, it is worth the money. Many people who try to remove conditions in your circumstances without assistance have the petition denied and wind up in removal proceedings. They then hire an attorney and it costs more and has less chance of success. Call me for a consultation at no charge.
Answered on Jun 02nd, 2011 at 10:46 AM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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You can but it's a bit more complicated. Speak with an attorney. For a free consultation feel free to contact my office.
Answered on Jun 02nd, 2011 at 10:45 AM