Legal Question in Immigration Law in Massachusetts

married with a green card

I am originally from Canada and came to the US on a fiancee' visa. I thought that everything would turn out wonderful after we married. It has been almost 2 years now in which I have been totally mentally abused & had to roll coins if I needed anything. My friends are not allowed at the house. He is constantly critizing my friends or anyone that I know. I have a temporary 3 year green card. I would like to leave him but he has told me that if I left him, he would have me deported back to Canada. Can I get a divorce and still stay in the US on my green card?


Asked on 6/13/08, 12:01 am

1 Answer from Attorneys

Melina Merino Attorney Melina Merino

Re: married with a green card

Usually, a conditional green card based on marriage is for 2 years. You will need to file your petition to remove the conditions on your residency during the 90 day period preceding the 2 year anniversary of your conditional residency. When did you become a permanent resident? Technically, if the marriage was entered into in "good faith" and later you divorced, you can apply for a waiver of the joint filing requirement at the time of applying for the removal of conditions. You can file this petition on your own, however, you must submit sufficient evidence of the good faith of the marriage from its beginning up to the point of separation and/or any evidence of any abuse suffered at the hands of your US Citizen husband. You will also have to show that the divorce has been completed before filing. Bottom line- you could potentially file to remove conditions on your own, but it can be a complex matter. I suggest you consult with an experienced immigration attorney. If you have more questions or would like to discuss your case further in private, feel free to contact me. Best of luck!

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Answered on 6/13/08, 3:57 pm


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