So, my husband and I got married slightly over a year ago, filed for the green card, and received a conditional green card few months ago. Now, after all the problems we had and another woman being involved, he wants to divorce me, on top of that he's threatening me to "make sure that i will not get my papers through this marriage." Can he really hurt my situation in any way? And also, from immigration point of view, s should I sign the divorce papers when I receive them in the mail?
A divorce will not stop you from getting a ten-year green card as long as you can demonstrate that you entered into the marriage in good faith.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Divorce / Separation Lawyer
You should consult with a divorce lawyer to negotiate a reasonable settlement which may assist yiur immigration case. You should also retain an immigration lawyer to assist your divorce lawyer.
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No! Your soon to be ex-husband CANNOT "hurt" your green card (and later citizenship) "situation" in any way, shape or form. Just sign the divorce papers when you receive them, but make sure you have a divorce attorney represent you thorough the divorce, to claim and safeguard your rights. Make sure to also immediately schedule a consultation and hopefully retain a LOCAL immigration lawyer, so he/she can explain to you the process of self-petitioning for the "removal" of the "conditions" on your temporary green card by invoking one or more of the various exceptions that exist to the joint filing requirements.
Don't worry! You'll be OK. Just make sure to have both a divorce and an immigration lawyer at your side.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I agree with my colleagues, if you can prove your marriage was entered into in good faith, condition from the green card should be removed without any difficulty. You should consult with a divorce attorney and also retain your self an immigration attorney, to help you resolve these issues.
Madhu Kalra Kalra Law Firm 23720 Arlington Avenue, Ste 5 Torrance, Ca 90501 (310) 325-9012 http://www.thekalrafirm.com
Hire an immigration attorney who can help you to move to have the conditions removed without the support of your husband.
I would side with Attorney Behar on that. I think his answer is accurate and to the point. I do believe that a consultation with an immigration attorney, would be very beneficial to you.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: email@example.com; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
Yes, you can sign the divorce papers. Your husband cannot hurt you as long as you can show that you entered the marriage in good faith. You can file to remove conditions without his help. Another option might be looking at whether you can do a self-petition as the battered spouse of a U.S. citizen. Depending on your particular situation, each option has its plus and minuses. I recommend you consult with an immigration attorney.