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Divorce q. I am U.S. citizen married to non-citizen for 4 years

New York, NY |

I am U.S. citizen married to non-citizen for 4 years, if I file for divorce will he be deported or loose green card. I just want him out of my life ASAP

Attorney Answers 1


There is not enough information to give a complete answer. I will assume that your husband got his permanent residence through marriage to you. If your husband has his "full" permanent residence (green card), not Conditional Permanent Residence (CPR), then divorce will not affect his status. If he has CPR, he needs to go through the process of removing the conditions. Normally this should be a joint filing by husband and wife, but it is possible for him to file alone, if you are no longer together. he needs to show that the marriage was legitimate, not fraudulent, originally. See the links below for more details on CPR.

You also need to be aware of your continuing obligations under the I-864 Affidavit of Support. Unfortunately, your obligations don't end just because the marriage has ended. The obligations continue until your husband
(a) becomes a U.S. citizen;
(b) can becredited with 40 qualifying quarters of work in the US;
(c) relinquishes permanent residence and leaves the US; or
(d) dies.

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