Derivative status & divorce

D

delkino

Registered Users (C)
I got my GC through a derivative status under my wife's petition. The GC was approved a year ago, but now we are considering divorce. How a divorce would affect my GC status? How independent I am from my wife, in terms of my permanent resident status?
 
Do You have a conditional green card?? If yes then you will have to file a form I751 to remove conditions before the 2nd anniversary of your green card. (specifiyng reasons as to why you are filing alone)

If you dont have a conditional greencard.. then you are good to go.

Hope this helps and do consult an Immigration Attorney if you need to file the form I-751

Thanks
 
Is your spouse a US Citizen?? Did she have to file an I 130 for you??

besides that when you get your greencard in the mail if it has an expiration date 2 yrs after the issuance date its a conditional green card.

If not you are good to go.
 
Re:

If you got your GC in the last year or so, based on your wife's petition, I'm assuming it definitely is "conditional", i.e. expiring two years from the date of issuance.

As long as you can prove to the INS that you "entered this marriage in good faith" and not to "violate the immigration laws" you shouldn't have a problem getting the I-751 approved, and getting the conditional status removed. However, I would also suggest that you go through a lawyer just in case your wife decides not to cooperate.
 
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