Legal Question in Immigration Law in California

So my mom a U.S citizen got married to her boyfriend whom isn't a U.S citizen at all and brought him to america with a marriage visa ever since she brought him here she noticed he didn't want to proceed with the normal marriage life that couples would normally want to pursue.He told her he didn't want a joint bank account with her that he wanted to rent a apt all to himself he didn't want to share income to pay bills with my mom and he has been living here in the U.S for almost 2 years he has his temporary green card and within a couple months when his eligibility for his permanent green card is available my mom and him have been planning on filing for him to get his permanent green card.My mom has decided to go ahead and instead file for divorce because she realized that he just used my mom to come to america and shes not happy about that.I am wondering if my mom files for a divorce can he still get his permanent green card even without her as his spouse anymore and can he move onto becoming a U.S citizen without my mom being his spouse anymore.


Asked on 11/17/13, 9:48 pm

2 Answers from Attorneys
James Brown Brown Law Practice, PLLC

When a spouse gets conditional permanent residency based on marriage, the conditions can be removed if both spouses file a joint petition to remove conditional resident status. The requirement to file a joint petition can be waived under certain conditions, but the alien would still have to prove either that the marriage was entered into good faith, or that termination of permanent residency would result in extreme hardship.

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Answered on 11/18/13, 9:16 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

Even if your mother files for dissolution of the marriage, her spouse can still file for removal of the condition. At that point he would be interviewed by USCIS. If they find that the marriage was bona fide when entered into, then he can still become a U.S. Permanent Resident, even without continuing to be married to your mother. However, that is at the discretion of USCIS to make that determination, based upon evidence that he provides.

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Answered on 11/18/13, 10:11 am


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