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L 2 visa dependent rights!HELP ME PLEASE!

Asked over 3 years ago - Fort Lauderdale, FL

i met my husband 3 1/5 years ago here in usa, 3 months after that we get married and 1 month after that i aplied for L2 VISA once he came from ou country with the L1, about 5 months after aplied i had all the docements necessary to leave here such social security, driver license, work permit etc.
During the same time (about 3 months after the marriage he (my husband))aplied for green card based on the l1 and with me as he dependent (l2).
we've received the green card 1 month ago (after 3 long years waiting), is being a long time he is saying he wants to divorce me, i desperate because 'm afraid to lose the green card i would like to know whats the risk for that happen and if there is a risk, how long should we be togheter after received the green card to divorce and i still with the green card? what should i do? please help i love this country i studying here now i came here when i was 19 and this is the home that i love...i dont want to lose everythibg that i earn with a lot of work!!!!

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Attorney answers (1)

Stuart Jonas Reich

Reputation Level 19

Answered over 3 years ago. Immigration Attorney in New York, NY.

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As always, I recommend consulting an immigration attorney regarding the specifics of your matter.

Since you already have an green card based on your derivative status under your husband's employment-based green card, a divorce now would not automatically make you lose your permanent residence status. It is unclear to me whether even an accusation that you married him simply to adjust status with him would cause proceedings to be instituted against you, but in any event you can argue that you entered the marriage in good faith - among other things, you are apparently not the one seeking to end the marriage.

To be safe, you may wish to gather evidence that the marriage was entered into in good faith (evidence of your original courtship when you first met such as letters/e-mails between you both, photos of the two of you together at various times/places/events from throughout the marriage, etc) and keep them in a safe place you can access. There is no set time; if this is an issue at all - as I said, I'm not clear that it is - it would be a question of good faith in entering the marriage.

Again, I would consult with an immigration attorney. Good luck.

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