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..
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.
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13 lawyers agree
It depends on whether the marriage was in good faith or not.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, 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. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
I agree with Mr. Behar.
The Law Office of Elliot M.S. Yi, 2075 SW First Avenue, Ste 2J, Portland, Oregon, 97201 www.emsylaw.com; firstname.lastname@example.org; 503-227-0965. This answer is intended for general informational purposes only and does not create an attorney-client relationship. The statement above does not constitute legal advice, as all the facts are not known.