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My son married and sponsored a young lady from morocco he now realizes that she deceived him and wants to get a divorce. He had assets prior to marrying and is now afraid that he will lose those assets upon separation. Can he secure his assets and if so how? What are the conditions of a conditional green card and can it be revoked upon divorce?
3 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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A "conditional" green card, that has conditions attached to it. Usually the beneficiary (your Daughter-in-law) must remain married to your son for 2 years before the condition is removed. If they are not married for the requisite 2 years, the green card can be revoked. However, there are exceptions. I would suggest that your son contact an experienced family law and immigration attorney for a face-to-face consultation and give them all of the facts surrounding his situation.
Answered on Aug 13th, 2015 at 12:40 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Assets owned before marriage is generally separate property. Divorce will not affect that. Conditional green card holder must file petition to remove the condition upon divorce.
Answered on Aug 12th, 2015 at 5:58 PM
Your son should meet with a Family law attorney. Also, the Immigration authorities decide if his wife would keep the green card.
Answered on Aug 12th, 2015 at 5:56 PM