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  1. #1

    Default Can You Retain a Conditional Green Card After Divorce

    My question involves divorce in the State of: CA

    My wife and i have been married since Dec 2007 and we have a 8 month year old daughter. My wife has received a conditional green card through our marriage. She was on H1 status prior to receiving this green card and has stopped that with her employer. We have no assets, ie no cars that we have purchased or homes or anything aside from a joint checking account. Also to add to this I am currently unemployed and even when employed my wife made more then me by 20k at least. It has been mentioned to me that there is a possibility my wife may flee the country if i was to divorce her and take the child with her. Additionally im concerned about the well being of the child so i don't know what legal options i have to prevent my wife from leaving the country.


    I know conditional green cards are for 2 years - Is there a way to help her keep it if I file for divorce? Because her losing the green card will make matters worse as it takes years to get a green card via your employer.

    I have heard someone say that my wife will have to pay me alimony because of our differences in income. Can this be waived on my part? I don't want her money or anything from her. I just want my daughter to remain in CA if possible.

    Can someone advise me on what i should do here.

    Thanks

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can You Retain a Conditional Green Card After Divorce

    You cannot prevent your wife from leaving the country; you need to file for divorce and temporary custody.

    Because the marriage is bona fide, she should be able to petition (perhaps with your assistance) to have the conditions removed without much of a problem, even if you divorce. But I do recommend you both speak with an immigration attorney about this first.

  3. #3
    Join Date
    Apr 2010
    Posts
    2

    Default Re: Can You Retain a Conditional Green Card After Divorce

    I spoke to an immigration attorney on this issue and posted the whole story here:

    http://www.visajourney.com/forums/to...&#entry3754285

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