Legal Question in Immigration Law in Arizona
Legal Permanent Resident - Divorce
Hello.
I married a US citizen just over a year ago. The marriage can be a little unstable from time to time and I sometimes wonder what would become of me if my husband and I were ever to divorce.
He is a US citizen who I married in the UK and moved out here following permission from INS. I am in possession of a permanent resident card. I have established a strong, stable career and have gained many aquaintances but fear that I may loose everything due to my husband's neglect and aggression.
Am I doomed?!
2 Answers from Attorneys
Re: Legal Permanent Resident - Divorce
How long you were married before you obtained your permanent resident status? If less than 2 years, then you have "conditional" resident status, and need to either file a joint petition to remove the conditional basis by the 2nd year anniversary of when you obtained your permanent resident status, or if divorced you can file on your own behalf with documentation to prove that your marriage was entered into in good faith.
You have options available to you, and do not need to feel compelled to remain in a bad situation because of fear of your status in this country.
Best wishes.
Eric W. Schultz (ph: 716-854-1541)
Re: Legal Permanent Resident - Divorce
You are not doomed if you married in good faith and then get a divorce. When it's time to remove the conditional nature of your green card after you have been a resident for 1 year and 9 months, if your spouse refuses to file the joint petition with you, or if you don't even want to wait until then, you can get a divorce and then file a I-751 waiver petition giving INS a copy of the divorce with the evidence that you married in good faith.
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