Legal Question in Immigration Law in California

Divorcing to US Citizens as Permanent Greencard holder

I just got stamp on my passport for the permanent greencard last Thursday. I was married for 2 years and 2 months. Since my interviw date was later than my 2 years of marriage, I was able to get the permanent greencard.

when I got married to him, he was only greencard holder, and I was on the studnet Visa. He got his citizens in the February 2004, and we got married July 2002.

After I got my stamp, he thinks that I am acting not as obey as I should be. so he wants to get divorce me. I am a permanent greencard holder now(except I have not received the card but I got stamp on my passport and also the letter saying that I am lawful permanent residence of the United States). He told me leave the house in one week, than he will not withdraw my greencard and protecting me from kicking me out of the United States. He said that if I want to live in the America you better leave this house in one week, than I will not touch your greencard. and he said that if I don't leave the house in one week, when he files the divorce he is going to say to INS that he thinks I got married to him in purpose of getting greencard.

I am really scared, but I don't have income and I have no place to go. Can he stop my greencard and kick me out of America?


Asked on 9/27/04, 1:28 am

2 Answers from Attorneys
Myron Morales Lee Lane Smith LLP

Re: Divorcing to US Citizens as Permanent Greencard holder

You are already a permanent resident and it would be very difficult to lose that status now. When you move, be sure to change your address with the CIS so that the card is mailed to the correct address.

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Answered on 9/27/04, 9:15 am
Jacob Sapochnick

Re: Divorcing to US Citizens as Permanent Greencard holder

Hi,

You need to check what kind of green card you will be getting. If it's the permanent one than you are in a better position. If it is the conditional one, you will need to get a waiver in order to keep the green card, a divorce should not affect this process if the marriage was real.

He can't cancel your green card just because he doesn't like you anymore but you need to watch out and protect yourself at this time.

Feel free to get in touch if I can be of further assistance.

Jacob Sapochnick

[email protected]

619 819 92 04

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Answered on 9/27/04, 11:15 am


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