My Filipino friend is married to American citizen but she is not happy with their marriage and wants a divorce. Her concern is that she has a green card through marriage and is afraid of she files for divorce, she will be deported. She has only been in the US about 9 months and is afraid that they will view her marriage as only a reason to obtain legal status here in US. Her husband will not agree to a divorce so she feels like she either stays in a miserable marriage or risks being deported if she files for divorce. What valid options does she have to obtain a divorce and still be able to keep her green card and stay in the US?
If she divorces her husband and she carries a conditional green card ( I assume she does based on length of marriage), she would need to apply for a permanent green card herself without her husband. What matters is at the time of marrying her husband, her marriage was bona fide (not just for a purpose of obtaining a green card). She would need proof, and the lawyer, in my opinion, should be there to assist her and to prepare the case for her.
I agree with attorney Clay. Also, a TN divorce attorney can obtain a divorce in TN approx. 60 days and you should file for it. Then have your immigration attorney prepare the I-751 that can be filed right after your divorce.
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