I entered to US on a student visa ,but after a few months i had problems and needed to return to my country ,but i met my (now wife) and she let me stay with her ,then i fall in love with her ,after 1 year ,we got married , and then we applied for greencard one year later ,(so we did live together at least 2 year(one year unmarried,one year married) before we apply for greencard ,and then i got my interview and got my (temp 2 years)greencard about 8 months of application ,(we were married about 1 year and 8 months by then) , and now we are married for 2 years and 3 months ,and our relation has got really bad ,and she has started disrespecting me ,and sometimes ,she gets physical with me...and im afraid i cant tolerate this no more ,also she keeps threatens me to divorce and mess up my immigration case...im so devastated ,my marriage is falling apart and also my case... what will happen to me ,if she files for divorce?(im having my temperory greencard for 6 months now)
we been living together about almost 3 and half years
been married about 2 year and 3 months now
have my temporary green card for only 6 months now
You need to talk to an immigration attorney and a family attorney as well. There are some options available to you.
You can divorce her and file for an I-751 petition waiver.
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.
What "will happen" after the divorce sentence is that you will then be free and able to file for the "removal" of the "conditions" on your temporary green card on your own, invoking one of the various "exceptions" that exist to the Form I-751's joint filing requirement, among which "good faith marriage", etc. Seek to consult with an experienced lawyer in private and you'll feel much better..
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Contact a US immigration attorney about your I751. Contact a family attorney about divorce.
Unfortunately, some marriage do deteriorate overtime, yet, in your particular instance, there is a legally appropriate way to seek Removal of the Conditions on your Temporary card by filing I-751 EVEN if you divorce unilaterally.
To protect your interest the best way preemptively, seek a personal consultation immediately with a good immigration attorney IMMEDIATELY so you could preserve your bona fide marriage evidentiary documents necessary for that filing after the finalized divorce.
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