QUESTION
What can happen if I divorce my wife who has a conditional green card?
Asked on Feb 09th, 2015 on Immigration - Texas
More details to this question:
Me and my wife are not getting along and she has verbally told me that one of this days I will end up in jail. I have police reports and pictures of her being physically abusive.
3 ANSWERS
Generally, in order for a Conditional Resident to get an ordinary "Green Card" (sometimes called a 10-year Green Card), a couple must jointly file a Petition to Remove Conditions within the specified 90-day period. When the couple becomes divorced, the foreign national spouse nonetheless may file a Petition to Remove Conditions but must also seek a waiver of the usual requirement that the couple file together. Additionally, when a foreign national spouse is a victim of domestic violence, there are safeguards available to protect the victim and to allow the victim to remain in the U.S. The immigration-related options and processes when a Conditional Resident becomes divorced can be complicated, and it would be wise to work with an immigration attorney. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Feb 12th, 2015 at 4:46 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Unless she can self-petition, she most likely will not be able to have the conditions removed from her green card, without your help, and will face removal/deportation back to her home country.
Answered on Feb 11th, 2015 at 3:22 AM
Bruce A. Coane
If you divorce your immigrant wife, she would file to remove the conditional residence on her own, without your involvement.
Answered on Feb 10th, 2015 at 2:40 PM