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Friend married a US citizen he has his 2 year residence however his wife wants a divorce. whats going to happen to him?

Brooklyn, NY |
Attorney answers 3

Best Answer

He needs an attorney to help him with this. But generally, he needs to make sure he documents showing that up till this point, the marriage is bona fide. So he should be making copies of any joint bills, evidence of co-habitation, trips together, family gatherings, letters from people stating how they knew the couple and how they knew they were in a real relationship. Insurance documents showing beneficiaries, car ownership, leases etc. He will need to show that the marriage WAS a valid one even though it broke down.

This is a general answer only and does not imply that I am your attorney giving advice with full knowledge of all the particulars of your case or that there is any attorney client relationship. I strongly urge you to retain experienced legal counsel who can better advise you once they have reviewed all your documentation and are fully apprised of the details of your case.


Your question needs some clarification. Has your friend filed to remove the conditions on the 2 year residence? If your friend was married in good faith, and his/her marriage ends in divorce, when he files the I-751 he/she needs to provide evidence that the marriage was entered into in good faith and it ended through divorce. The friend will likely get an interview on the I-751 but the divorce is not grounds to deny the I-751. Your friend needs to seek the assistance of an experienced immigration attorney.


Friend needn't be afraid. This things happen all the time unfortunately and are a fact of a fast moving modern life.

I assume friend had not yet filed Form I-751 to remove conditions on his residence. He must do upon the opening of the 3 month "window", prior to the expiration of his temporary green card. He cannot send the I-751 late! Doing so could significantly complicate his case.

There are at least 3 exceptions to the joint filing requirement of the I -751, one of the most commonly used by divorced couples is the "good faith" exception . Please read the instructions that come with For I -751. One or more exceptions may apply to your Friend's situation.

He can file the I -751 now, if within the 3 months, but will need to be ultimately divorced in order to benefit from the good faith exception, which simply means that the marriage was one of love and mutual affection, but that being of different cultures & life styles, (or the wife having turned mental or otherwise psychologically abusive), things did not work out as originally planned and hoped for..

Obviously your friend must understand he cannot put such a case together and be successful on his own. He must seek and retain the services of a competent immigration attorney in Manhattan, where they tend to have much more serious and competent lawyers than in Brooklyn: this not about saving money, but ultimately succeeding, remaining in the US and later applying for citizenship!

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.