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Can I apply for an H1b visa or a J1 exchange vIsa while being on a conditional green card acquired after marrying a US citizen ?

Detroit, MI |

The reason is I might get out of marriage . Please advise on this matter

Attorney Answers 4


  1. You can self petition to lift the conditions on your GC after you get divorced. Try that.

    Free Consultation Anywhere in USA | 626-399-4194 |ICannHelpYouNow.com | John1Davidson@gmail.com


  2. If you terminate your marriage while holding conditional resident status (before removing the conditions), you can apply for a waiver of the joint filing requirement. I would advise consulting with an immigration attorney to discuss options to pursue.

    Lisa Tehlirian, Attorney -- Ellis Porter, PLC 2701 Troy Center Dr., 410 Troy, MI 48084 Phone: 248-519-9900 Fax: 248-519-9901 Email: lisa.tehlirian@ellisporter.com For more information about current issues and developments in immigration law, visit my blog: www.miimmigrationnews.com The information provided on my blog and Avvo is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.


  3. Before you divorce try to secure the bona fides of you marriage, the I-751 waiver process is a very tough one.


  4. Can you apply? Yes.

    Will you be approved? Probably not ... unless you leave the US and go home.

    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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