Hi.

I've been a permanent resident for almost a year. I've been married for over 4 years (my wife is a USC). When I had my card issued in December last year it had a mistake on it. It took INS 9 months to correct it- I got the right card a month ago. The thing is that our marriage is not working out. We have been separated for about 3 months now and we'll probably have to get a divorce, soon. I want to keep my permanent residency so I don't want to get divorced too soon and I don't want the INS to think it was a fake marriage cause it was not! I was adviced to wait about 7 months (after receiving the corrected card).

So than I would be filing for a divorce after being 1 year and 4 nonths a green card holder. Isn't it too soon?

How long does the divorce take in the US?
And do I need to file any forms with the INS?
How do I do it?
Do I need to hire a lawyer do to so?- Does it go faster with a lawyer?


(by the way this web site is really great guys!)

If you received your ten year card, you have nothing to worry about, seeing that you are/were in a good faith marriage.

If you received a 2 year conditional card, a divorce a this point is problematic, but it does not prevent you from filing for removal of conditions. It is harder, but not impossible.

Please seek the services of a lawyer, if filing for removal of conditons card without your USC spouse.


Good luck!


Paudy

Thank you for your response first of all!

I got the green card for 10 years.
So I do need to file for removing the conditions? What is it exactly? And What if I file for divorce with my wife would that be easier? Does it even change anything? I really don't know how it works.
Would you happen to know how long it takes?

Thanks so much!

For New Jersey, it takes about 18 months for a divorce to be finalised.

You do not need to worry about your INS status. You have a 10 year green card, which you will renew at the end of the ten year period.

You may divorce your wife (if that is what you want) without any problems from the INS. Also, there is no need for you to inform the INS of your divorce.

Forget my comment about the removal of conditions, it does not apply to you, seeing that you have your ten year card.


Paudy