State : Arizona
If a non US citizen spouse is divorced after their conditional green card, what happens to them?
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State : Arizona
If a non US citizen spouse is divorced after their conditional green card, what happens to them?
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It depends on the facts.
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.
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.