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Getting divorce with someone who has a conditional green card. Is she entitled to anything?

Tampa, FL |

Married for less than 2 years. She did receive a conditional green card. Is she entitled to anything?

Is she entitled to any alimony??

Attorney Answers 6

Posted

I think you are referring to alimony and property when you say " can she get anything". With such a short marriage, she can only get half of what you accumalated during the marriage. But probably no alimony unless she is destitute. Immigration wise, she can get her permanent green card once she proves that your marriage was real etc. Contact a lawyer though.

This is only a short advice- you should not file anything without getting the full facts from a lawyer.

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Posted

She can certainly apply to remove the conditions on her green card by showing good faith marriage that ended in divorce. Is that to what you're referring?

The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.

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3 comments

Asker

Posted

Is she entitled to any kind of alimony from me?

Asker

Posted

What about alimony?

Veronica Tunitsky

Veronica Tunitsky

Posted

That's more of a family law question. But remember, when you petitioned for her, you executed an affidavit of support promising to support her until she naturalizes or works about 10 years. This means that the government can come after all should she apply for means-tested benefits. If you're concerned, it appears to be prudent to speak with both an immigration and a family law attorney.

Posted

Yes. She may apply for a waiver based on bonafide marriage. She has to prove that the marriage was entered into in good faith.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (305)377-9331. www.olanolaw.com

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Posted

She can keep the card under certain circumstances.

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Posted

I agree with my colleagues. She can file to remove the conditions based upon the following grounds. 1. Good faith marriage that ended in divorce; 2. The United States Citizen's death; 3. Abuse by the United States Citizen; 4. If the lose of her status would create extreme hardship. Without anymore all I can give you is the categories.

Patrick Caston Crowley, Esq. (718-769-6352) Law Offices of Marina Shepelsky, P.C. 2306 Coney Island Avenue, 2nd Floor Brooklyn, NY 11223 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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Posted

She gets half the marital assets and probably alimony since you are her financial sponsor. Contact my office for free consultation.

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