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Ten years green card and divorce.

Los Angeles, CA |

I got my green card through marriage to US citizen, I got my green card 10 months ago. we have been married for almost three years. I didn't get conditional green card. Last week, my wife left the home. Here Mom called me and she was threatening me. and she told me, " we will call the immigration and cancel your green card". Now, My wife asking for divorce.

if a divorce happen, what will happen to my green card and my status. Can I still apply for citizenship. what kind of problem will the divorce couse on my citizenship application.

Finally, I was on H1B visa when I applied for my green card. and I'm still working with the same company and they are welling to do my papers if needed.

Please advise

Attorney Answers 3


  1. If you have a green card, and it wasn't obtained through fraud with your wife (e.g., you did not agree to lie about your marriage to USCIS), then there isn't much they can do. The green card was based on your original marriage 3 years earlier, and not based on the more recently failed marriage.

    Our replies to Avvo questions should not be considered specific legal advice to any individual. Our aim is to provide general principles that may be useful to the Avvo community as a whole. You should seek individual legal advice pertaining to your specific factual situation, and the laws applicable to your jurisdiction.


  2. Depends on what allegations are made to USCIS and what proof you have that you entered into the marriage in good faith.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. If it was a real marriage, all you need to do to get your citizenship after the divorce, is to wait for 5 years in permanent resident status. You will be fine!

    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.

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