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How long should we wait to start divorce process after getting employment-based green cards?

Novato, CA |

My husband and I just received our green cards. He is E37 category and I am E39 category. We've been married for 15 years and separated for a few years. Our marriage was genuine, but it has evolved into friendship. I'd like to know if an immediate divorce after getting our cards can affect my permanent resident status and my future citizenship.

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Attorney answers 5

Best Answer

I agree with my colleague, as this is not permanent residency based upon marriage in any account, I don't believe that there is any specific waiting time necessary to start divorce proceedings. Best of luck.


As long as you got married for the right reasons, there is no set time period to file for divorce


Once you have your greencard you can get divorced whenever you want and it will not effect your status.


Most likely not.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


Talk to an experienced immigration attorney regarding the timeline of separation and green card. As long as you did not stay in the marriage for green card, you should be OK.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.