Legal Question in Immigration Law in California

The Nicest Way to Divorce my Cond Res Spouse ?

Hi,

My husband is a conditional permanent resident - entered the marriage in good faith, etc. We are now separated (physically, but not legally), although we've kept bills, leases, etc. in both names just in case. Now I want a divorce, but I don't want to complicate his immigration procedures. I'm planning to sign the application for removal of conditional status, and I just wanted to check and make sure it's ok for me to get divorced after he sends in his application but before his approval comes through.

Thank you!


Asked on 4/08/03, 8:06 pm

2 Answers from Attorneys
Anja Freudenthal Immigration Law Office of Anja Freudenthal

Re: The Nicest Way to Divorce my Cond Res Spouse ?

Your soon-to-be ex-husband may be able to show that your marriage was entered in good faith by requesting a good-faith waiver, i.e. show that he should still be given the permanent "green card" even though you are no longer married.

Note that your husband should seek legal counsel for this strategy.

Regards,

Anja Freudenthal

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Answered on 4/08/03, 8:14 pm
Larry L. Doan Law Office of Larry L. Doan

Re: The Nicest Way to Divorce my Cond Res Spouse ?

You should wait until it's approved. If you divorce while the BCIS is still deciding the petition, what if they come back with a request for interview or for more evidence? The safe bet is to wait until the aproval comes through. Then, you can divorce him anytime after. As for the so-called good faith waiver, that is risky. It isn't easy to get this when there are no compelling circumstances beyond the fact that the marriage isn't working out and you want a divorce.

Liem Doan, Esq.

Note: The above response is provided for legal information only and is not legal advice. Such advice can only be rendered after an

attorney-client relationship has been expressly established.

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Answered on 4/08/03, 9:09 pm


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