QUESTION
Will my green card be terminated and will I get deported or is there a possibility I can stay here and apply for a longer residency after divorce?
Asked on Oct 05th, 2012 on Immigration - Texas
More details to this question:
I have two-year conditional green card through marriage. We are only married for a year and three months and now we are getting divorce. My green card will expire on December 2013.
7 ANSWERS
You can still file for the removal of the conditional status if you can prove that the marriage was bona fide and not for immigration purposes only.
Answered on Oct 17th, 2012 at 1:24 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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You can apply for I-751 after divorce. You must prove bonafied marriage.
Answered on Oct 09th, 2012 at 1:09 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Oct 09th, 2012 at 10:25 AM
Rebecca T White
You will need to prepare to file the I-751 application to remove the conditions at the time of your divorce, even if your divorce is final prior to the expiration of your two year card. You will need to be prepared with documentation regarding the good faith nature of the marriage at the time it was entered into.
Answered on Oct 09th, 2012 at 9:58 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Even if you get divorced, you can still file for a waiver of the joint petition requirement by establishing through documentation that you were married in good faith or that you would suffer extreme hardship if the petition was not approved.
Answered on Oct 08th, 2012 at 10:49 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You should be fine in filing your petition to remove the conditions on your residence even in a divorce situation as long as you have sufficient documentation establishing the bone sides of your marriage.
Answered on Oct 08th, 2012 at 10:12 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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You can file to remove the conditions (I-751) on your permanent residence by proving up the bone sides of your marriage. You must have completed the divorce and should have a good bit of objective documentation of your cohabitation and co-mingling of funds. The burden is on you to prove up that you married to have a shared life together and not only for an immigration benefit. If approved, you will get your 10-year card. If otherwise eligible, you will need to be a permanent resident for 5 years to qualify for citizenship. Respectfully,
Answered on Oct 08th, 2012 at 9:54 PM