Conditional Residence and Divorce

[whatcanwedo]

Hi. I am a US citizen and in March 2008 got married to an Irish woman. Over the last 6-8 months things deteriorated and well we are looking at divorce. She is in the final stage on having her conditions removed, she gets her biometrics done next week. She wants to stay in this area and the US but if we divorce I do not want it to affect her legal standing here in the US. We are better friends now than we were when we were married. We got married in good faith all the right reasons but some things just are not supposed to last. If we divorce before the conditions are removed will she be asked to leave the US or what will happen? Thanks.

[Mr. Knowitall]

Should we infer that you're itching to get a divorce? If you feel you must get a divorce at this point in time but want to best protect her rights, consult an immigration lawyer with the details.

It is possible to convince the USCIS that you entered the marriage in good faith and that the conditions should be removed despite divorce, via Form I-751, but we're not in a position to evaluate how the USCIS is going to interpret the divorce and the facts of your marriage.