It is now 2013. Several years ago, someone asked if his/her conditional green card would be revoked if he/she got a divorce before the 2 year period was up before he/she could apply to take the conditions off of the green card received after marriage. I am wondering if any laws/rules have changed and what the situation is now. Is it possible to get a divorce before the period is up and still keep the green card and stay in the US or is deportation inevitable? What if the marriage changes and the immigrant party is no longer happy? Must he stay in the marriage despite it not being what he'd expected or is he forced to go home and start over or possibly not have another chance at becoming a legal resident/citizen of the United States? Thank you.
Nothing has changed from what the rules were 2 years ago. Can still divorce and self petition for the removal of conditions on the I-75, long before the conditional GC is set to expire and invoke one OR MORE of the exceptions that exist to the joint filing requirement, among which "good faith" marriage, psychological cruelty, etc.
There are many published immigration regulations, some in official “Memorandum” form, that discuss the I-751 Petitions. The immigration I-751 laws are not contained in one law book. The most recent I-751 memorandums were published in 2009 (you can google the titles) and are entitled:
I-751 Filed Prior to Termination of Marriage, Donald Neufeld, April 3, 2009;
Adjudication of Form I-751, Petition to Remove Conditions on Residence Where the CPR Has a Final Order of Removal, Is in Removal Proceedings, or Has Filed an Unexcused Untimely Petition or Multiple Petitions, Donald Neufeld, October 9, 2009
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