Just to sum my immigration situation up: Came to the US in 2008 on J1, changed status to H1B with a new employer in 2011 then, changed employer in with H1B twice, got married in 2015, got the conditional green card in end of 2016. My spouse is threatening to divorce me. The divorce itselft is HUGE terrible trauma already but I must know if I have a realistic chance to get the permanent green card still and be able to successfully remove condition from my green card. Our marriage is bonafied with LOT of evidence (financials: car loans, health care plans, retirement plan, bills, rent agreement, evidence of cohabitation and photos)
A, is it possible to get permanent green card in my case if I get divorced before the conditional period ends considering the new president and immigration law reforms?
B, does it matter that my spouse (or me) file for divorce in this immigration matter?
Thank you for your advice
A. in principle - yes.
B. Makes no difference whatsoever. All you need to (convincingly) prove your marriage was entered into in "good faith" upon inception. The documentary evidence (including sworn affidavits by individuals who know you both), as well as your own will be accorded 50% of the "weight", with your oral testimony during your obligatory I-751 interview carrying the remaining 50%. Better "lawyer up" immediately.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. 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.
A. You can file an application for removal of condition based on good faith marriage ending in divorce.
This is not something that can be the subject of an executive order.
B. It makes no difference who files for divorce and whom is at fault.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
When your divorce is finalized you can file I-751 waiver. I suggest you seek immigration lawyers assistance in filing.
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You can seek waiver of joint filing for bona fide marriage.
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. You are encouraged to seek independent and private counseling for a complete review of your case.
A conditional resident based on marriage can file an application for removal of condition based on good faith marriage ending in divorce with a waiver request. Most of our detailed filings are approved without interview.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
A. After you get divorce, file an I-751 joint petition waiver.
B. It does not matter whether you or your spouse files for divorce.
For more information, please see https://www.avvo.com/legal-guides/ugc/i-751-waiver-where-marriage-ends-in-divorce
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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