Legal Question in Immigration Law in Georgia
I married a US citizen. We've been married for 2 years. My 2 years temporary green card experied, and I'm in the process to get the 10 years one. However, I do not have it yet. My marriage has been bad and I found out that my husband is cheating on me. I don't want to be with him anymore, so should I wait to get the green card before ask for the divorce? Can I get divorce before being a citizen? I'm finishing school that is why I cannot go back to my country. Please Help me.
2 Answers from Attorneys
Your petition to remove conditions MUST be filed timely. Which means that if you are not divorced yet and it's time to file (90 days before card's expiration) - you must file your petition. Otherwise, your conditional resident status will be revoked automatically and you will be referred to Immigration Court for removal. At this point, the USCIS doesn't know about your husband not being a good husband. All they care at this time is that you submit your application on time with sufficient documentation of a bona fide marriage, living together, etc.
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