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Hi, I am married to a US citizen girl and came to US on immigration Visa (spouse Visa). Green card is going to expire by next year i.e. Feb 2012. Our married life is not going good and looking for divorce. Will this impact on renewal of my Green card next year and my Citizen ship in US. Kindly advise
When did you get married?
Is your residency conditional or do you have the "unconditional" green card?
I got married on 20 july 2009. I came to US on Immigration visa on feb 20th, 2010. And i don't know how to find whether my residency is conditional or unconditional (Green Card).
Your initial green card is likely 'conditional'. The conditions cannot be removed until the 2nd anniversary of your marriage (though you can apply to have the conditions removed a couple of months ahead of time).
However, as a general rule as long as your marriage was bona fide ("real"), and not for immigration purposes, you should be able to go ahead and remove the conditions and remain in the US - but there IS a chance you will be denied and you'd have to leave the country.
If you're allowed to stay, your sponsor (I'm assuming this is your spouse) is obligated via the I-864 affidavit of support to provide financial support up to 125% of the Federal poverty level if need be.
Our marriage is real and was not for immigration purpose. but yes after marriage we wanted to live together so she filed for spouse visa (immigration visa). We do have marriage photo Album and also marriage videos which itself is explanatory that we had a real marriage in presence of more that 300 people. Secondly Our 2nd marriage anniversery is on 20 july this year and my green card will expire by feb 20th 2012. So what would you suggest about the divorce. I mean I should first wait for the renewel of the Green card (make it unconditional) and then go for divorce. And even I divorce after the renewel of my green card what can be the circumstances that I will or might face.
I'd file to remove the conditions immediately; you can file up to 90 days before your 2nd anniversary, and the form (with instructions) is right here .
Once the conditions are removed, divorce won't affect your status at all.
Thank you. Really appreciate you help