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Immigration advice?Hello, I have recently become a permanent resident. I obtained my 1st green card through marriage and receive

New York, NY |

and received it in November 2012. Now, I have a very complicated personal situation with my husband (he is a citizen, by the way). He wants to divorce me and at the same time, as he says, he wants to "help me out" with my immigration matter because i stayed in this country because of him on the first place. Anyway, lately, he keeps changing his mind and saying that he can't wait up staying married until the second interview (where i will remove the conditions from my green card) because "it's not good for him and it's better to divorce ASAP because someone told him that". Obviously, for me and my paperwork it is better to stay married until I receive the second green card. My question is: from the legal point of view, how can marriage hurt him, considering we're not together anymore?Thanks

Attorney Answers 4

Posted

It is better that your husband file the divorce. You can still remove the conditions on residency with Form I-751 once the divorce becomes FINAL or before the 2 year expiration. You can file the form yourself without his help. You must prove that the marriage was a bona-fide good-faith marriage and not just for the green-card benefits.

Garmo Law Group, PLLC (Michigan) 248-626-0050. This advice is only general in nature and does not constitute an attorney/client relationship. Speak to an experienced attorney before making decisions.

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Asker

Posted

Thank you for your response. Will it be better if he files the divorce or if I do it? Thank you

Danny Garmo

Danny Garmo

Posted

Let him file the divorce not you.

Asker

Posted

Thank you! Also one more question, you mentioned above that I could file the Form I-751 after the divorce...will I be able to travel outside of the country after filing that form?

Danny Garmo

Danny Garmo

Posted

Once filed and you have the I-751 receipt notice, travel and employment is authorized for one (1) Year.

Asker

Posted

What happens after that 1-year-period? Am I not allowed to leave the country? How long does it take to receive an approval/disapproval after filing the form?

Posted

Keep proof of your good faith marriage and go ahead and get divorced. He can then help you file the petition to remove condition from your residency. He is right that it is easier to get the condition removed being divorced, than being married but separated.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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Asker

Posted

Thank you for your response! It was very helpful. We're in our twenties though, and it will be not easy at all to proof that the marriage was bona fide. Anyway, will HE suffer any inconvenience while still being married? Because this is exactly how he presented me the situation on his part...

Posted

Consult with an immigration attorney in person

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

If the marriage was real, you will be able to apply for removal of condition after the divorce.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com

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