QUESTION

I need to know if I should get divorce before I get the condition removed from Green card or afterwards?

Asked on Mar 27th, 2020 on Immigration - Washington
More details to this question:
Married for 2+ years and things are bad. I'm very unhappy.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
    This is a situation in which you would have to make the decision after weighing all of the factors. If your husband is able and willing to go through the I-751 petition procedure including attending an interview if required, that is usually a petition which is more easily adjudicated by U.S.C.I.S. A petition showing that the petitioner is divorced and claiming to have had a bona fide marriage is usually one that U.S.C.I.S. gives more careful consideration. You would have to consider your personal situation including the danger of your relationship, outrageous behavior by your spouse, and all of the other factors that make a marital relationship bearable or unbearable. If you decide that the marriage is not salvageable and that you should indeed now divorce, you should keep copies of all of the evidence of your bona fide relationship as it will be your burden of proof to show that you did not marry for purposes of the green card only. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Apr 26th, 2020 at 12:18 PM

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