Divorce - immigration

Asked over 1 year ago - Quincy, MA

Good afternoon,

Thank you AVVO, for being here for us!
I really want to get divorced from my husband. He is abusive but I don't want to use this against him. Really not. If I am filling for divorce before I receive my permanent Green Card (now I have the Green Card for 2 years, came here with K1 Visa) what will happen? I feel sorry for him, if I will accuse him, he will not be able to see his childes again... but I cannot stand him anymore. How can I get legal advice pro-bono? I want to mention that I have 2 jobs: one full time and one part time. I am working really hard, but I have to support his family. I just want to end this marriage, but I would like to live further in US.

Thanks in advance.

Attorney answers (5)

  1. Alexander Joseph Segal

    Contributor Level 20

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    Answered . You seek divorce and then file for a waiver; Pro bono services are listed on EOIR website

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Brian David Lerner

    Pro

    Contributor Level 18

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    Answered . Petition to Remove the Conditional Residency and the Divorce Waiver

While the Green Card has already been received, it is necessary to file what is known as the Petition to Remove the Conditional Residency. If this is not properly filed within 90 days before the expiration of the Conditional Green Card, the status will be automatically terminated. My office can file everything necessary to show that the marriage was bona-fide and that the USCIS should remove the condition in order to issue the permanent lawful permanent residency card. Please note that in some cases, even though the spouse does not want to help file the petition to remove the conditional residency, or there has been a divorce, it is still possible to get the Petition to Remove the Conditional Residency filed.  

    Sometimes, the marriage simply does not work out. In cases like this whereby the marriage has come to an end, or will be coming to an end, a Divorce Waiver can be filed in conjunction with the Petition to Remove the Conditional Residency. When we prepare the Divorce Waiver, we will show in detail how the marriage was bona-fide and the reasons for the divorce. If the divorce has not yet occurred or is not yet final, then we must file an Extreme Hardship Waiver if the spouse will not help with the filing of the Petition to Remove the Conditional Residency.

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  3. Stephen Daniel Karpf

    Contributor Level 13

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    Answered . You are not required to use the abuse as a basis for the divorce; whether the truth serves your immigration goals is a matter to ask an immigration attorney.

    Greater Boston Legal Services (link below) provides both family law and immigration law representation at no cost to qualified individuals. You should call them immediately. If you do not qualify due to your income being too high, you can find reduced-rate lawyers through the National Lawyers Guild Referral Service and the Massachusetts Bar Association.

    Also, private counsel such as myself have sliding scale fees, payment plans, limited assistance representation, and other ways to provide affordable legal services to low- and low-middle income people who do not qualify for free legal assistance.

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  4. Michael Hugh Carlin

    Contributor Level 18

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    Answered . If your husband is abusive to you, then I strongly suggest that you seek help so that you and your children can be safe.

    If you divorce, then you will need to file a petition with USCIS to "remove the conditions" on your permanent resident status. Even if you do not divorce, you still must file this petition with USCIS before your current card expires.

    You should consult with an immigration attorney near you. Best of luck.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more
  5. Igor A. Voloshen

    Contributor Level 8

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    Lawyer agrees

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    Answered . If you decide to get divorced prior to the removal of condition on your permanent residence (90 days before the expiration of your 2 year Green Card), you will most likely appear at the interview without your husband and in that case you may have to as for a waiver of his presence at the interview. The 2 year Green Card is given by default to foreign aliens whose marriages are less than 2 years in length at the time of application and is presumed to be "questionable" or "suspicious" at the least -- as such you are usually asked to come back after filing I-751 and update your marital status via interview. However, USCIS looks for marriage bonafides "at the time of the initial application" and thus IT DOES NOT MEAN that you will lose your permanent residence at all -- you simply need to demonstrate with the aid of a competent attorney that you entered this marriage with all the right intentions and simply marriage did not survive. I suggest that you retain a competent immigration attorney in the area. Good luck.

    The comments provided are for informational purposes only and not for the purpose of providing legal advice. You... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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