Legal Question in Immigration Law in California
my wife is a US citizen we have a son who is 13mts i am an Indian and my green card is valid till 2011 i have been here since 08 and i got my temporary green card in May of 09.
She was a divorce would i still be legally authorized to live in the US.
1 Answer from Attorneys
Normally the petition to remove the conditions on residence (so that you obtain permanent resident status) is filed within a 3 month window prior to expiration of conditional green card (which appears to expire in May 2011 in your case).
However, if you obtain divorce, the petition to remove the conditions on your residence can be filed prior to waiting for the 3 month window prior to expiration. The petition should be approved if the marriage was a bona fide marriage, even though divorce has occurred subsequently.
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Regards,
Ajay K. Arora, Esq.
www.h1b1.com