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Divorce After Conditional Green Card

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  • 12-02-2009, 08:51 PM
    kanito007
    Divorce After Conditional Green Card
    State : Arizona

    If a non US citizen spouse is divorced after their conditional green card, what happens to them?

    :(
  • 12-03-2009, 08:37 PM
    Mr. Knowitall
    Re: Divorce After Conditional Green Card
    It depends on the facts.
  • 12-03-2009, 08:59 PM
    kanito007
    Re: Divorce After Conditional Green Card
    Quote:

    Quoting Mr. Knowitall
    View Post
    It depends on the facts.

    My US citizen spouse is looking to break up our marriage over her aforementioned dads will (she cannot be married to inherit all his property).
    But she wants to wait till I get my conditional green card.
    At this stage what can I do to protect my status?
  • 12-03-2009, 09:03 PM
    Mr. Knowitall
    Re: Divorce After Conditional Green Card
    You can try to make the case that you entered the marriage in good faith and shouldn't be punished for your spouse's greed.
  • 12-03-2009, 09:07 PM
    kanito007
    Re: Divorce After Conditional Green Card
    Quote:

    Quoting Mr. Knowitall
    View Post
    You can try to make the case that you entered the marriage in good faith and shouldn't be punished for your spouse's greed.

    Do you know of successful cases like that in such a short marriage?
    Also does the non US citizen spouse lose everything (work permit, travel permit etc) as soon as the marriage ends in divorce?
  • 12-03-2009, 09:12 PM
    Mr. Knowitall
    Re: Divorce After Conditional Green Card
    The general rule is that divorce terminates conditional permanent residence. You would want to apply immediately for a waiver of the termination based upon whatever facts you can present to establish that the marriage was a union in good faith and the you were not at fault for the failure/inabiity to file a joint petition to remove the condition. I suggest consulting an immigration lawyer with the details of your case.

    Your spouse may also want to talk to a probate lawyer because it may turn out that the clause that has her so afraid of losing out on money isn't even enforceable.
  • 12-03-2009, 09:31 PM
    kanito007
    Re: Divorce After Conditional Green Card
    Quote:

    Quoting Mr. Knowitall
    View Post
    The general rule is that divorce terminates conditional permanent residence. You would want to apply immediately for a waiver of the termination based upon whatever facts you can present to establish that the marriage was a union in good faith and the you were not at fault for the failure/inabiity to file a joint petition to remove the condition. I suggest consulting an immigration lawyer with the details of your case.

    Your spouse may also want to talk to a probate lawyer because it may turn out that the clause that has her so afraid of losing out on money isn't even enforceable.

    She spoke with her family lawyer and they are going to enforce the conditions of the will verbatim.
    When should I consult with a lawyer?
    Now?
    Or after the divorce?
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