QUESTION
My Italian fried is marrying a US citizen; if she then wants to divorce will she lose her green card?
Asked on Oct 25th, 2012 on Immigration - Texas
More details to this question:
She will marry in the next few months, and as wife of a US citizen, she will obtain a green card. But what if things go wrong and wants to file for divorce, will she then be deported back to Italy? Would she lose her green card?
4 ANSWERS
Rebecca T White
That will depend upon the good faith nature of the marriage and whether it appears she married for love or for a green card.
Answered on Oct 27th, 2012 at 10:00 AM
It depends on where she is in the green card process, permanent or conditional status, at the time she is contemplating divorce.
Answered on Oct 27th, 2012 at 9:59 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Possibly, depending on how long the marriage last. In order to obtain her 10 year green card, she must remain married for at least 2 years. If the green card interview and grant of permanent residency prior to their 2 year wedding anniversary, then she will receive a "conditional" green card and must remain married for an additional 2 yrs from the date of the conditional green card. If the interview is after their 2 year wedding anniversary, then she would receive a regular green card without any conditions. If it is a legitimate marriage and not one for the purpose of obtaining legal residency (Sham Marriage), there may be waivers available to her if the marriage does not work out.
Answered on Oct 26th, 2012 at 10:53 PM
Assault Attorney serving Richardson, TX
2 Awards
If the marriage is entered into for legitimate reasons and there is a divorce she can argue that the adjustment should be allowed. If she is marrying to get the Green Card she will be involved in a fraud and will have serious problems.
Answered on Oct 26th, 2012 at 9:33 PM