Legal Question in Immigration Law in New Jersey

I am a US Citizen and my wife is on a Visa. If my wife files for a divorce, does she automatically get Green Card even though i have not filed for her green card and there is no convictions against me and if i am not the one who files for divorce?


Asked on 2/25/14, 8:41 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

As the U.S. citizen spouse, you would have to file the I-130 petition. If you do not file it & you get divorced, she cannot get a greencard through you. However, that does not mean she cannot get a greencard through other forms of eligibility.

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Answered on 2/25/14, 9:34 am


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