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Can I get a green card if my wife divorces me?

Pueblo, CO |

Hi, I am originally from Thailand. I got married with my wife, a US citizen, in the US in February 2009.My application for a green card is still pending. Now my wife wants to divorce me, and i wonder if i still can get that green card. And if the application for a green card is denied, can i reapply for it without my wife's sponsor? What are my options if i want to stay in the US and my wife divorces me? Thank you

Attorney Answers 2


  1. You must remain married up until the point of the interview in order for your green card application which you filed based on your marriage to a US citizen to be approved. The only exception to that is if your spouse dies and you become a widower or if you are subject to physical or mental abuse.

    In your case, you should talk to your wife and seek counseling to find out whether there is room to mend the relationship and see if she would continue to sponsor you. You should consult a lawyer.

    Gus M. Shihab


  2. You must remain married up until the point of the interview in order for your green card application which you filed based on your marriage to a US citizen to be approved. The only exception to that is if your spouse dies and you become a widower or if you are subject to physical or mental abuse.

    In your case, you should talk to your wife and seek counseling to find out whether there is room to mend the relationship and see if she would continue to sponsor you. You should consult a lawyer.

    Gus M. Shihab

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