QUESTION

immgration sponsoring

Asked on Feb 18th, 2013 on Immigration - Maryland
More details to this question:
ive just submitted forms I-130 and I- 485 for my wife who is a canadian citizen and lives with me in maryland . recently we have been experiencing problems in our marriage. i have some doubts about preceeding with a life with her. if she is granted a green card and we decide to get a divorce, how will that affect her legal status in the US. we also have a child together who was born in the US .
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If your wife is granted a green card and you decide to obtain the divorce, that would likely have no effect upon her legal status in the US as you appear to have a bona fide marriage as proven by having a child together. Your wife would likely be a conditional permanent resident who would have to remove the condition upon residence within the 90 day period prior to the second anniversary of having been awarded conditional resident status. With a divorce, she would not have to wait until then to file an I-751 petition to remove the conditional basis of her residence status. She would file the application by herself as having had a bona fide marriage that was terminated by a divorce and presenting all the evidence of your having had a life together including the birth of the child. 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 Mar 05th, 2013 at 5:30 PM

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Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
If your wife can prove the marriage was entered into in good faith, she can continue with the green card process on her own after divorce.  Having children together makes it easy to prove the bona fides of the marriage.
Answered on Feb 18th, 2013 at 11:42 PM

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