can my father sponsor me?

[jgold310]

I married an USC and got my temporary green card, we're married for almost a year now and decided to call it quits.

Now that I'm divorcing her I won't be able to get my 10 year green card so as soon as my 3 year GC expires I'll be out of status.

Question is....

my father will be a USC in 6 months. Can I switch from a marriage sponsorship to a family sponsorship?

I know that if I'm over 21 and out of status living in the US my USC father could not sponsor me. But what if I adjusted my status through my marriage, got divorced and while on my temporary GC he petitions for me? Would that work?

 

[AzBlk]

As long as you can prove your was marriage was bonafide and not just for immigration benefits you can remove conditions(get a 10 year GC) yourself by filing form i-751. Just make sure you file it 90 days or less before the expiration date of your conditional green card OR as soon as divorce is final whichever comes first.

 

[LucyMO]

But what if I adjusted my status through my marriage, got divorced and while on my temporary GC he petitions for me?

it wouldn't work. You have to be in status for a number of years until your dad's petition becomes current.

 

[Triple Citizen]

Why do you think that? If you can prove that you entered the marriage in good faith, you will get your unconditional GC.

Now that I'm divorcing her I won't be able to get my 10 year green card

 

[jgold310]

I thought you have to stay married for more than 2 years to get the unconditional GC.

 

[LucyMO]

wrong. Do read the forum and instructions to I-751.