I married 8 month ago to a us national and have received a temporary green card. The marriage is not working and I am very unhappy. I want to divorce him but I am worried about my immigration situation. When I first arrived to US I came legally. But when I married, I was already several years over stayed my visa.
what would be my visa status if I divorce?
if i lose my green card what would be my status? Legal or illegal or back to over stayed visa with bar on returning to USA?
You would potentially lose your green card status if you divorce. It depends on how long you have had your green card. You may be eligible to apply for a waiver of filing jointly. It is best to consult an immigration attorney.
Alexus P. Sham firstname.lastname@example.org (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.
Criminal Defense Attorney
Your situation is unfortunately not unique. If you divorce, you risk losing your Lawful Permanent Residence in the U.S. since that temp card requires a removal of the conditions to be filed 90 days before its third anniversary.
To retain your status eventually, if you chose to divorce your USC spouse, you will be compelled to file unilaterally with a Waver (only your filing, without your ex-spouse) with a requisite showing of entering in a bona fide marriage to begin with.
It goes without question that you will need a very good immigration attorney to handle that task.
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Don't worry, you will not lose your green card status. All you need to do is get a divorce and then file form I-751 to remove conditions on your residency by invoking one or more of the numerous exceptions that exist through joint filing requirement, such as "good faith" marriage, emotional and/or physical abuse or cruelty. Make sure to get an experienced immigration lawyer you are comfortable working with to help you prepare an approvable petition.
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.