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Boston, MA |

My Husband is a US Citizen. He filed divorce and I received summons and came to this country. He got my bio metrics appointment letter on his address and gave it to me when that date passed. So I missed that appointment. I have alien number on my passport with stamp. My visa category is CR1. I have certain doubts , Please clear them:

1) Do I have conditional green card?
2.) Does divorce will affect my conditional Green card ? However my attorney has filed VAWA too. I am not satisfied with my attorney that's why need to know that divorce will affect my green card which is conditional ? he says if VAWA is denied then I have to go back from United States. Later on I came to know that VAWA was unnecessary.

3) Can I still go for biometrics and get my temporary green card ? Does VAWA stops me for biometrics?

2.) If VAWA is denied then i can stay here with my old alien number( conditional green card number ) / means on my CR1 Visa?

3.) Can I myself apply for permanent green ?

4) I came to this country when my husband filed divorce without even telling me, I went to the court and said I don't want divorce as I never wanted divorce. I never got chance to stay with my husband in United States. Can this thing become obstacle in removing conditions on my permanent residency ?

5) If I simply take divorce then Can I go as a waiver for removing my conditions?

6) My husband is forcing me towards trial, If i step back then Can it create problem for me?

Please clear my doubts.
I will be thankful to you.

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Attorney answers 3


I am sorry to hear that you are dealing with this issue. You should consider reposting your question for an immigration law specialist. In Massachusetts, a party cannot be blocked from pursuing a divorce in order to remain married. As a result, your husband may proceed with the divorce even if you disagree. There are certain exceptions for maintaining your green card status after a divorce. One exception is if you were a battered spouse. You should consult with a qualified immigration and family law attorney to receive detailed advice. Good luck.

Advice provided is of a general nature to provide guidance. Divorce law is state specific. One should always check the laws in their home jurisdiction. An attorney-client relationship is not intended or established through provided responses.


I recommend speaking with an attorney skilled in divorce and immigration. At first glance it appears you have a conditional greencard, if you are divorced you should apply right away to have the conditions removed but as you have not lived as husband and wife it does not seem that you will be approved. I am doubtful that VAWA applies in your case but an attorney's careful review of your filing dates and facts will clear things up for you. Good luck.

This is not legal advice until I am retained and have reviewed all facts about your situation.



Sir we both cohabited together in my country for 2 months ans then he came back to US and he applied my visa, it took 1 years to get my visa. We have stayed together.

Robert Winford Carpenter

Robert Winford Carpenter


You have not lived as husband and wife in the US, when did he file for the divorce?



He filed in April, he wanted me to come urgently but due to some problems it was getting delayed and he filed divorce without even telling me. I came and tried to speak to him many times but he did not responded. I went to the court and pleaded in front of judge that I never wanted to divorce him.

Robert Winford Carpenter

Robert Winford Carpenter


If you have an attorney I suggest you have a conversation with him/her about your options. It is my opinion that your marriage is not valid and therefore your conditional green card will not be extended. If you choose to file to rempove the conditions I would suggest doing that now, while you have fresh evidence, and not waiting for two years.


If you are not satisfied with your attorney, you should take steps to disengage him or her. It sounds like you need both a family attorney and an immigration attorney. You have a lot of questions that really depend on the particulars of your situation. It's unclear whether you have a conditional green card, but you would not apply for VAWA if you did. If you have your conditional green card, you can apply for a waiver of the joint filing requirement due to divorce or abuse. Feel free to contact me with questions. - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.

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