Will I lose my green card?

If you have been married for less than two years and obtained your green card through the marriage, you were granted only conditional resident status. This means your green card is only good for two years and your status will automatically expire. You must file a petition to remove the condition on your residence up to 90 days before your current green card expires in order to extend your resident status and obtain a 10 year green card. The petition is normally filed jointly by husband and wife. If you are separated you must file the petition alone but the Immigration Service can adjudicate it ONLY if you are legally divorced. In this case you still can file the application if the divorce occurs after your green card expired or the government seeks to deport you. As you can see, the filing of the petition becomes more difficult if you separate and you should consult with an immigration attorney who can advice you about the timing issues for filing.

Check if your green card is conditional. If it is conditional and only has two years of validity period, you need to file application to remove the condition. If you are divorced, you file the application by yourself and request waiver of your husband's signature. You need to provide evidence that your marriage was originally entered in good faith. This process is not applying for green card thus no financial sponsorship is required.

If your green card is a conditional one, you may apply for a waiver showing that you entered into the marriage in good faith but your marriage failed. You must consult with an experienced immigration attorney before you make a decision.

Do you have a conditional permanent residence or a 10-year green card? If you have a conditional permanent residence (2-year green card), when you divorce, you will need to prove up the bona fides of your marriage, including cohabitation and co-mingling of funds. If you have your 10-year card, you are a permanent resident and your divorce will not affect your immigration status.

Your question is very factually specific and really requires you to have a full consult with a competent immigration attorney. If you actually have a green card now, and it is the two year card, you need to apply for a permanent card. You can do this with him or alone but it is way too long of an explanation for this forum. So I can tell you that you do have options to retain your green card but need a consult!