We have been married since 2010. He just arrived in US March of 2012. Only after months of him being here, we are already separated living in different states. I want to divorce him because I feel he is prolonging in order to keep his green card. How will this effect his case and are there any penalties I will face?
I assume you are the U.S. citizen petitioner. As long as this was a marriage entered into in 'good faith", i.e. one for love and NOT just for procuring your husband a green card for monetary or other gain, then you have nothing to worry about. In any event, your husband who has been granted a "conditional" green card valid for only 2 years. Trust him, he will end up hiring a 'sharp" attorney who will file for the removal of his "condition" under the "good faith" exception..
But it if this was some sort of "paid" marriage, then beware! (Just read the penalties U.S. citizens could face on the instructions to Form I-130..
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