divorce and GC

[Archra]

I got GC at same time as my husband through his family. We are totally married for 5 years, we came to US 1.5 years ago with GC. He is now divorcing me. Is my GC continuing to be valid after divorce? Or will I go back to India?

[tooOldtoWait]

From what I read so far in this board and from what I heard, there are 2 types of green card.

Conditional Green card and Regular Green card. One of the way to find out if you have a conditional green card is that it will expire in 3 years instead of 10 years.

I am guessing you have a regular green card. In either case, you dont have to leave the country. Your green card is not affected by the divorce, incase you have a conditional green card, I think, when you apply for renewal (after 3 years) you have to show your financial independence and they will renew. If you have the regular green card, you dont have to worry about anything.

Good luck and talk to a lawyer if you are in doubt.

[VivaLasVegas]

Is your husband a United States Citizen?
If you got your green card based on a marriage to a US Citizen you generally get a 2 year conditional green card and you need to file the form I 751 to remove conditions.

IF not you are good to go.

You said your husband is divorcing you. We dont mean to get personal but is it because of any domestic violence?? Because if you are subject to domestic violence and have gotten your green card based on a marriage to a US Citizen you can use that abuse as a valid reason to file the I751 on your own.

hope that helps.

[Archra]

Thanks, sachin and toooldtowait I don't have a conditional Green card, we both got it at same time together, will be valid 10 years or so. He is not a citizen, also GC holder. I was just checking here before spending money on this lawyer after divorce lawyer!

[VivaLasVegas]

You are good to go.

Take care