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Can if I divorce my husband before Gc exp date without losing my Gc?

Tustin, CA |

I have been married to a USC for 7 months and got my conditional GC last week. The truth is simple; after moving in with him&his family 7 mo ago , he has turned very demeaning and abusive towards me. I have tried sitting with him to communicate, but since he lacks of intelligence and education, he can't solve anything without yelling and throwing stuff at me. He insults me, pushes me around and breaks my stuff everytime there is a probem.(him getting a bad haircut is a problem) Before getting married&moving with him, he was so sweet, but he says that he is just very sick of me now.we were planning on traveling to South America for 5months But my gut tells me not to and I know that this isn't right. Can someone tell me what different steps can I take please?

Attorney Answers 3


  1. You can get divorced of course but consult with an immigration attorney first. You might be able to keep your greencard but you will need help.

    I am a lawyer but I am not your lawyer unless we have spoken and we have entered into an attorney-client relationship. Due to the nature of this forum, I often do not have all the information required to provide legal advice. Accordingly, my responses on Avvo are intended as general and not legal advice.


  2. The good news is that immigration allows for divorce and still maintain permanent residency. Consult an attorney about the process because there is a 3 month window (1 year 9 months - 2 years after the date listed on your green card that you have been a resident since) to file Form I-751 to maintain your permanent residency with a divorce.


  3. Yes, you can get divorced ... but the process is a bit more complicated.

    Have you two considered marriage counseling?

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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