Legal Question in Immigration Law in California

f the marriage was entered into in good faith and for purposes other than immigration and you divorce, it's not a problem, even if it's before the second anniversary of your green card. Don't throw out documents which show your marriage was real.

Note that an attorney/client relationship is not formed by this advice and it should be used for general purposes.

For more information, please contact me directly at [email protected] or 818 609 1953.

Sincerely,

Alice M. Yardum-Hunter, Certified Specialist, Immigration & Nationality Law, State Bar of CA

Designated in "Super Lawyers" by "Los Angeles Magazine" 2004-2009

Dear Inquirer:

Once you have been granted CR status, it is valid for 2 years. During the last 90 days of the period of validity, you must file a Petition to Remove the Conditions on Residence, Form I-751. This form requires a "joint petition," i.e. signed by husband and wife, however, this requirement can be waived if we can establish that you entered into the marriage and good faith, but the marriage was dissolved, or that you would suffer "extreme hardship" if you were not allowed to stay in the US.

Please visit www.hanlonlawgroup.com or email [email protected] if you would like to schedule a confidential consultation to discuss this matter further.

Regards,

If the marriage you entered into was a good faith marriage (i.e., you got married out of love, you intended to make the marriage work, etc.), then a divorce at this point in time (after you already received the conditional green card), should not be a problem. Do not throw out any documents demonstrating that you are in a good faith relationship. You will need them when you must later file an I-751 Petition to Remove Conditions on your Residence. Generally, the couple must file this petition as a couple along with documentation showing that the marriage is a good faith relationship. However, this I-751 joint petition has a waiver for those situations where you entered into the marriage in good faith, but the marriage has ended in divorce. For further questions, you may contact my office at [email protected] or 415-387-1364.