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How to handle the divorce process correctly in order to be able to renew my green card in future? Thank you everybody I advance

Brooklyn, NY |

I'm a Russian citizen married to an American citizen. I received my green card through marriage on 3rd of November, 2012. We are going through a divorce right now and even though I realize I'll need an attorney, I want to hear multiple opinions about how to handle this divorce process correctly in order to be able to renew my green card (in almost 2 years) with a prospective to receive a citizenship. Also, when traveling, for how long can I stay outside of the U.S. and for how long do I need to stay inside the U.S.

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Attorney answers 5

Posted

You received your green card very recently. Divorce will certainly complicate things. Eventually you will be filing your I-751 with a divorce waiver and you will have to show that your marriage was bona fide and that you are fully divorced. You definitely should be working with an attorney and it may not be a bad idea to start speaking to someone now.
As far as traveling - not more than 6 months.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

Asker

Posted

Thank you for your response! What should I stand for when I'll need to renew the green card after 2 years will pass? Thank you

Irene Vaisman

Irene Vaisman

Posted

I am sorry what do you mean "what should I stand for"?

Asker

Posted

I'm sorry I didn't formulate my question correctly, anyway I meant to say after I apply for the green card renewal and if I get approved, when am I able to apply for citizenship? will it be in a year after receiving a permanent green card just like it would be if still in marriage or not? Thank you

Irene Vaisman

Irene Vaisman

Posted

no, 5 years from the time you first received your green card. But you would have to first overcome the hurdle of the I-751 (petition to remove the conditions on green card)

Asker

Posted

All right, I understand, thank you very much!

Irene Vaisman

Irene Vaisman

Posted

you are very welcome and good luck

Posted

It is best to get an answer in person rather than on a forum to a question such as yours, since a lot of factors will determine you chances of receiving a permanent green card after a divorce is final. One thing is for sure, you will need an actual judgment of divorce before you will be able to file I751 yourself asking for a waiver of joint filing requirements. Seeing how currently in Brooklyn, NY divorces take as long as 6-8 months to be granted, you should think about getting that done as soon as possible. Do not travel outside the US for a period of longer than 6 months. I suggest you retain an experienced immigration attorney who will help you with the divorce and subsequently with filing of the I-751. Good Luck.

The answers offered here are purely informational and do not create an attorney-client relationship. For more detailed information or to schedule a consultation please contact our office at (718) 924-2896.

Asker

Posted

Thank you for your response! If I'm divorced and I apply for a green card renewal and get approved, how soon do I get a citizenship? Thank you!

Alice Antonovsky

Alice Antonovsky

Posted

If you get divorced and your I751 gets approved, assuming you do not remarry another USC, you will be able to apply for Citizenship 5 years from the date of your conditional green card.

Asker

Posted

Thank you! And if I remarry another USC do I change any paperwork and will I receive citizenship in 3 years from the date of my conditional card? Thank you

Alice Antonovsky

Alice Antonovsky

Posted

From date of your conditional green card. If you need more information, please contact our office to schedule a consultation.

Posted

I agree with my colleagues.

Posted

I agree with the prior responders. Schedule an appointment with an experienced divorce lawyer to assist you with the process.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

Posted

You need the divorce and than you will need to prove to immigration the marriage was made in good faith. My firm handles divorce and immigration issues in NY.
Regards,
Nicklaus Misiti
Law Offices of Nicklaus Misiti
212 537 4407

Legal disclaimer: The statement above is general in nature, 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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