Expert Advice When You Need It Most

Conditional Permanent Residence and divorce

My husband and I have a bona fide relationship and live together. Last week I was granted conditonal permanent residence.
I have just found out that my husband is going to be sued for credit fraud he committed during our marriage. I am concerned about being liable as we do not have a pre nup or any individual liability agreement, I am considering divorce for financial reasons, despite still being together and living together. (There are definite issues in the relationships yes!)
How will this affect my condtional status and application in 1 1/2 years to remove the conditons on my permanent residence being so close to last week when the conditional status was granted?
Does USCIS look at date of application for divorce or the actual date of divorce?

Any advise would be appreciated..

Save

Attorney answers (1)

Reputation Level 17
USCIS would scrutinize the date of the application for divorce as well as the date of the divorce itself to determine whether you intended to marry each other in good faith. It would also look at myriad other factors and the evidence you provide. Any time a conditional resident is considering separation or divorce, s/he should consult with a very experienced and reputable immigration attorney to assess the situation and obtain advice on how to proceed with the I-751 application to remove conditions on resident status.

Scott D. Pollock
Scott D. Pollock & Associates, P.C.
105 W. Madison, Suite 2200
Chicago, IL 60602
(312) 444-1940
fax: (312) 444-1950
e-mail: spollock@lawfirm1.com
internet: www.lawfirm1.com

Please visit our renovated website at www.lawfirm1.com, which allows client access to case status, enhanced information on services, and other convenient features.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now