QUESTION

If I have a green card for 2 years, can I divorce before this times expire without loosing it?

Asked on May 22nd, 2019 on Immigration - Pennsylvania
More details to this question:
I applied for a green card but my situation with my wife is not good anymore. I am thinking about getting divorce but don't know if I will lose all my process and my green card.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
I assume that you are a conditional resident through your wife and then you will have to file an I-751 application to remove the conditional basis on resident status within the 90 day period before the second anniversary of the conditional resident grant. If you are divorced or have a legal separation, you are prohibited from filing a joint petition with your wife to remove the conditional basis. However, with a divorce, you can file a petition by yourself on the basis that the marriage was bona fide at the beginning and attach all evidence showing such in the I-751 petition. You can also remove the condition by showing that you are a battered spouse or that you would suffer extreme hardship if you return to the home country, such hardship having occurred during the period of conditional residence. 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 Jun 17th, 2019 at 8:15 PM

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