Legal Question in Immigration Law in New Jersey

Divorce with conditional green card

I found your contact info online and would like to know if you can help me with this.

I am German and I have been married to a US citizen for 1 year and 7 months. We have been living together for almost 4 years now. Unfortunately the relationship is not what it used to be. Mu husband is extremely verbal abusive and has been physically abusive also. I even had a restraining order last year against him. He was out of a job for 8 months straight and he is lazy and lets me do everything. I have to work full time, go to school, take care of all of our bills and I even bought both of our cars under my name since his credit is so bad. He constantly yells at me and puts me down. Even our friends noticed it. I only had my conditional green card for 6 months now and I need to get away from him. I have the financial means to take care of myself and I would be better of without him. He was gone the last three months to work in Jamaica. I am afraid because he comes back tomorrow. I was so happy these three months without him.

Do you think it is possible to get divorced now and not to loose my green card? He will say that I only married him for that but it is not true. He was not like that in the beginning and I am so fed up about havi


Asked on 4/30/04, 3:27 pm

1 Answer from Attorneys
Giuseppe (Joe) Scagliarini Law Offices of Giuseppe Scagliarini

Re: Divorce with conditional green card

You may qualify to self-petition as a battered spouse when the time comes to remove the condition on your permanent residence. The relevant issue will then be whether or not the marriage was entered in good faith at the time of the marriage. However, I would advise caution.

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Answered on 4/30/04, 3:43 pm


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