Ive been married for 3 and a half years and have a permanent green card

Asked over 1 year ago - Meade, KS

yet ive only had my permanent green card for half a year my husband wants to divorce will i have problems and lose my GC

Attorney answers (4)

  1. Michael Hugh Carlin

    Contributor Level 18

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    Answered . Based on your information, it appears that you already had your conditions removed, correct? In other words, you filed an I-751 and that was approved?

    If that is the case, then you are a permanent resident (without the "conditions"), and divorcing your husband, alone, will not cause you to lose your green card.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more
  2. Fernanda Nunes Hottle

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    Answered . Since you already have your 10-year GC, you will not lose it if you get divorced.

    [This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client... more
  3. Gabriela Amada Vega-Acosta

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    Contributor Level 5

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    Answered . Not necessarily. If you have a conditional residence and you divorce, you will need to file a petition to remove the conditions of your residence. Typically, they want both the petitioner and respondent to jointly file the petition. If you are divorced that is not possible.

    However, so long as you can demonstrate that you entered into a good faith marriage with your US citizen spouse and that the divorce was due to normal issues that sometimes arise in a marriage then you should be alright.

    I do recommend that you hire counsel to assist you on both issues as there are times when the pleadings in a divorce can negatively impact the petition to remove the conditions.

  4. Samuel Patrick Ouya Maina

    Contributor Level 19

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    Answered . You will not lose your green card solely because you divorce if you have the 10 year card. If the card is conditional (2 year), you can still retain it by a showing that you entered into the marriage in good faith.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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