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I have a friend who is on a conditional Green Card and her husband has committed adultery and has threatened to divorce her.

Hammond, IN |

She has letters and card and has the names and phone numbers of women that he has been involved with since their marriage. He tells her he does not love her, but wants to buy a house with her and wants to have children. if he files for divorce can she still process her paperwork for the renewal of her Green Card?

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Attorney answers 3


Yes, she can file to remove the conditions even if she gets divorced. However this requires filing with a waiver to allow for a self-petition and there are several technical issues that she will need to be mindful of about how and when to apply. I strongly suggest she use a lawyer to help her file the I-751.

Best regards,

(513) 549-4420

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She needs to meet with an immigration lawyer NOW ... in private.

She should collect documents about the bona fides of the marriage .. .the proof of adultery isn't all that helpful.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


If she can prove she entered into the marriage in good faith, then yes.

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.

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