Conditional GC - Divorce

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Leo_Strauss

Registered Users (C)
I am posting this here again as I have already posted this in GC section to see if I can get faster response.

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
 
Yes.She can cancell you conditional GC.Thats the reason it is conditional .So INS knows if your marriage is real or fake.But if there is spouse abuse and you can prove it.That is whole different ball game.But majority of times in conditional status you end up losing.I am not a laywer just seen few cases .Always consult legal advise for better option.
 
Would this mean I need two lawyers? One for divorce and one for immigration issues? Or is it that there are some lawyers who can play both ways?
 
Its my understanding that lawyers tend to specialize... so the likelihood of finding one experienced with handling a divorce while having a sound knowledge of immigration law seems rather slim.

Unless you plan on leaving the country permanently, you'll definitively need to speak to an immigration lawyer if you are serious about divorce. Even then, you may face an uphill battle to keep your GC.
 
I would consult a good law firm.Where they have best of both rather than going with two different lawyers.Good Luck.!
 
Suspicious

Hello i have read your case in two forums so far.I think it is rather suspicious that you would rather find out about saving your green card than saving your marriage.Why did you get married to your wife if it was rocky?.I am a conditional resident and it bothers about the way you stated your case it sounds like you are simply concerned with saving your own skin than answering whats wrong with your marriage that you can fix.
 
Though the former wife can I think contact the INS and tell them it was a sham and they will take the USC over the immigrant in most cases (other then abuse mentioned above) or other proven situations. If it's a word vs word and she wants to prevent you, then there's a good chance she will be able to interfere.

If you can prove the marriage was in good faith and have enough documents and photo's etc and stuff you did together etc, then they may be able to remove those conditions. If you can't (and you will need very convincing evidence), then you will be at the end of your line I belive...
 
I don't want to go into judging anybody. The timing of things seems a bit suspect to me. I mean he's waited to consider divorce to just after obtaining the Green Card. It would look to an outsider that he had his heart more on staying in this country than making his marriage work. USCIS can see the case under the same light.

I think the spirit of the law is to allow people to marry and become permanent residents to allow the family to have stability and a future. If the marriage fails for whatever reason, then the underlying reason for the Green Card disappears. I would think that the honorable thing in this case is to divorce and give up the Green Card. I seriously doubt that this marriage is continuing in good faith and looks like it is only maintained for the purposes of keeping the Green Card alive. Sorry for sounding harsh.

My 2 cents.
 
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