Legal Question in Immigration Law in New Jersey

I married my husband in India in June of 2014. He is a US citizen. My son (from a prior marriage) and I have a 2 year green card. We came here in August 2015 under my husband's sponsorship. On December 23rd my husband filed for divorce citing irreconcilable differences. He came to the family home and removed all of his belongings leaving me stranded with a child, no income, no vehicle, and a soon to be expired apartment lease. If we divorce what will happen to my son and my green card? Are the above events grounds for abandonment, as he left me stranded with no source of income to provide for my son and I?

Asked on 12/30/15, 5:35 am

2 Answers from Attorneys

Ana Yngelmo YNGELMO LAW

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Do not fret. Your green card remains valid, and you can continue the process without your husband. Instead of filing the petition to remove conditions (Form I-751) jointly with him, you will file it alone, and will request a bona-fide marriage waiver. You will have to show that the marriage was entered into for bona-fide reasons, i.e., that you didn't get married for immigration purposes. You must file the petition in the 90 day period before your green card expires. If you fail to file it during that time, your status will be terminated, and you may be placed in deportation proceedings. If you'd like to discuss your case in more detail, I'll be glad to assist you. I do not charge for the initial consultation. You can reach me at (973) 856-6240.

Answered on 12/30/15, 6:37 am

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