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I have a temporary US green card. i have a 15 months old daughter and now she wants to divorce uscis can cancel my green card?

Hialeah, FL |

i have a temporary US green card issued on nov. 2011 i have a 15 months old daughter with my wife and now she wants to divorce. my daughter is enough reason to prove i was married in bona fide? i been living with my wife for almost 5 years but i just have 2 years married..

Attorney Answers 5


You may be able to renew your conditional GC based on divorce waiver. The divorce must be finalized before filing the renewal application. Furthermore, you still need supporting docs to prove that the marriage was bona fide marriage. You should hire an immigration to consult your case.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

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if we are not divorced yet, it will be bad? i mean you imagine we are just separated...and i dont understand how can i prove my marriage is in bona fide.. it is but what i have to bring to uscis?

Gen Kimura

Gen Kimura


I assume you can't file the I-751 with your spouse. The divorce must be finalized before you file the I-751. I can't tell what types of supporting docs you need. Each case is different. It can be done, but generally it is not easy to prove bona fide marriage in the case like yours. I recommend to retain an immigration attorney and work with him/her to prepare for your case.


You will need to file the I-751 to remove the conditions. How you will want to handle this will depend a great deal upon how the two of you are getting along during the divorce process. If the two of you are fairly civil, she may assist with the application. If she does not feel like being helpful, you can file without any assistance from her, but you will want to have documentation of the good faith nature of your marriage beyond the birth of the child. You should consult with an immigration attorney as early as possible to plan how to best handle this.

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I do not think it is enough, but it helps... alot

You should finalize your divorce ASAP so you can file a waiver 751

Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at

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After your divorce, but before your green card expires, file form I-751 with evidence that your marriage was bona fide at its inception. Be sure to include your daughter's birth certificate.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney
Board Certified Immigration Attorney
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600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(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.

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When you attend your initial (I485 interview) and the marriage took place less then 2 years from the date of the interview, USCIS provides you with a conditional greencard. That is, the expiration is two years versus 10 years from the date of issuance. Ninety (90) days prior to the 2 year anniversary ( one year and nine month) from the date the card was issued you must apply for the removal of the conditions of the card. Please use form I-751.

If you divorce prior to the two years anniversary, you can still apply for the removal of the conditions. Please include a copy of the bona fide nature of the marriage. You must include your divorce. Note that your spouse will not have to sign this form (I751) or attend the next interview under these circumstances. Again, it important to demonstrate that the marriage was entered in good faith but terminated in divorce.

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