Conditional GC - Divorce

[Leo_Strauss]

I am looking for some information about what can happen in the future with my marriage and GC and divorce.

I am married to a USC for over 2 years. I got my conditional GC a couple months ago. Our marriage has been rocky since the start and my spouse always threatens me that she will take away my GC when we argue. We have gotten to the point that I am thinking of divorcing her. What can this do for me?

From reading here I know that if the divorce is finalized before the 2 years are up (since I am only at the beginning stages) then I need to file as an individual with waivers. As far as I know there are no police reports or other things against me. We have no kids either. Can she take away my GC or do things that can prohibit me from getting the conditions removed?

Thanks

 

[Triple Citizen]

USCIS granted you a conditional GC, not your spouse. Your spouse cannot take it away from you. Once your divorce is final, you need to submit an I-751 on your own. You will need to prove that the marriage was entered into with good faith and not with the intention of deriving an immigration benefit.
USCIS (not your spouse) will pass judgement after you present your case.
Good luck!!!

 

[Leo_Strauss]

Thanks for replying Triple_Citizen.

I am aware that the govt has issued me the GC and that my spouse cannot take it away from me. But at the same time I am aware that there is always something that can be done to jeapordize my situation. I am looking to find answer for that so that I can be on the lookout for what might be coming my way.

Thanks

 

[Jewel12]

I am married to a USC for over 2 years. I got my conditional GC a couple months ago.

Was your interview right before your second anniversary? Had it been after, you would have got a 10-year card...

You can file for divorce, wait till it's finalized, and file I-751 good faith waiver - that is, try to convince USCIS that you entered the marriage in good faith, but it didin't work out. You will need a awful lot of documents to prove your marriage was real - joint leases, joint insurance policies, joint bank accounts etc. etc. Waivers are scrutinized by USCIS, they tend to process them for a very long time, and a personal interview is always required. It is difficult, but not impossible. You may wanna talk to a lawyer if you can afford one.

Technically, your spouse can interfere with your waiver application - she may write USCIS and tell them you married her to get a green card. A lot of pissed off USC spouses do that, and unless there is a waiver based on abuse (in which case USCIS won't take into consideration anything the abuser says), USCIS take it seriously most of the time.

I really recommend a lawyer... Good luck!