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Can a green card holder with the condition of marriage, divorce the sponsor/husband and stay in the US?

Moline, IL |
Filed under: Green cards

"Anna" was married in Vietnam by an American citizen and brought to the US with the condition of marriage on the green card. She tried to make the relationship work but discovered that she does not love him and is not living with him at this time. He threatened to harm himself with a knife if she left. After she moved out he told a member of her family that he would kill her and didn't care of the consequences. The green card will expire in July of 2015.

Attorney Answers 3


Yes, if the marriage was bona fide, Anna files for a waiver after the divorce and USCIS approves it.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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If Anna is smart she will hire an experienced immigration lawyer who will help her self-petition for the removal of the conditions on her temporary green card by invoking the "good faith" marriage exception to the joint filing requirement and even the "mental and psychological cruelty" exceptions, as soon as Anna files for and obtains a divorce. The years will pass very fast and soon after that Anna will obtain her US citizenship and sponsor her childhood sweetheart from Vietnam for a green card.. Then once in America, he will cheat on her and will also remove conditions by self-petitioning.. History will repeat itself.. What goes around comes around they say..

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Anna should immediately consult with an immigration attorney. She does not need to put up with this. Once she is sure she is in a safe environment she should consult an immigration attorney and discuss waivers and VAWA with him/her. Good luck.

Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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