Legal Question in Immigration Law in Virginia

divorce before removal of condition

I'd need help from someone who knows what can happen to me... My wife and I are separated for over a year now but she waited with the divorce so I can file for my removal of condition together which we did 2 months ago, also got the letter from immigration about a year extension. We married 2.5 years ago but she left me shortly after I received my green card, she said she was too young and not in love with me anymore but wanted to help me to go through the process. So we stayed married on the paper, filed taxes, too. We still have an ok relationship but she wants the divorce NOW she is ready to marry the ''love of her life'' and do not want to wait anymore. (She promised me to wait till we file for removal and I promised to sign everythign to get an easy divorce in change) She found someone to divorce us in a week since we have separated for at least 6 months- BUT we have just filed papers 2 months ago about being together to immigration. I really want to keep my promise to her and signed everything but what is going to happen to me in a year then??? She said that I'll just receive my permanent gc anyway in a year but what if I won't? What if we have 2go 4interview again? Is there anything I could do? Cant make her change her mind!


Asked on 5/29/08, 1:49 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: divorce before removal of condition

All that matters is that whenever you have your interview with the immigration officer in about a year or so, that your marriage not be adjudged a sham and a fraud and done for the purpose of making you eligible for permanent "greencardom".

Be that as it may, however, your wife is probably correct in asserting that you'll likely be approved for permanent residency, but, of course, nothing is for certain in such matters.

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Answered on 5/29/08, 11:58 pm


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