I have a friend who is on a conditional Green Card and her husband has committed adultery and has threatened to divorce her.

Asked over 1 year ago - Hammond, IN

She has letters and card and has the names and phone numbers of women that he has been involved with since their marriage. He tells her he does not love her, but wants to buy a house with her and wants to have children. if he files for divorce can she still process her paperwork for the renewal of her Green Card?

Attorney answers (3)

  1. Christopher Michael Pogue

    Contributor Level 12

    2

    Lawyers agree

    Answered . Yes, she can file to remove the conditions even if she gets divorced. However this requires filing with a waiver to allow for a self-petition and there are several technical issues that she will need to be mindful of about how and when to apply. I strongly suggest she use a lawyer to help her file the I-751.

    Best regards,
    Christopher

    (513) 549-4420
    cpogue@immigrate2usa.com
    www.PogueImmigrationLaw.com

    Representing clients throughout the US and around the world: www.PogueImmigrationLaw.com (513) 549-4420. We cannot... more
  2. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . She needs to meet with an immigration lawyer NOW ... in private.

    She should collect documents about the bona fides of the marriage .. .the proof of adultery isn't all that helpful.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If she can prove she entered into the marriage in good faith, then yes.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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