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Jesse-do you have any advice?

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  • Jesse-do you have any advice?

    I'm new to this discussion board, but I have noticed many people asking questions about getting divorced before permanent residency has been obtained. My friend married a USC in Poland in 7/01, and came to the US in 1/02 when he received a conditional green card. He would now like to get divorced, but the 2 year anniversary of his residency is not until 1/04. He has been told that he can get divorced now and still apply to have the conditions removed alone, but he is worried that this is a risky thing to do. He is a professional and is employed, and he has clear evidence that his marriage was bona fide, but he is still worried that this won't be enough. Jesse, do you have experience with cases like these? Is it too risky? Does he need a divorce attorney, or an immigration attorney, or both? I know you can't predict the outcome, but I would like to know if you have some advice or can tell me what the odds are in a situation like this.

    Thanks!

  • #2
    I'm new to this discussion board, but I have noticed many people asking questions about getting divorced before permanent residency has been obtained. My friend married a USC in Poland in 7/01, and came to the US in 1/02 when he received a conditional green card. He would now like to get divorced, but the 2 year anniversary of his residency is not until 1/04. He has been told that he can get divorced now and still apply to have the conditions removed alone, but he is worried that this is a risky thing to do. He is a professional and is employed, and he has clear evidence that his marriage was bona fide, but he is still worried that this won't be enough. Jesse, do you have experience with cases like these? Is it too risky? Does he need a divorce attorney, or an immigration attorney, or both? I know you can't predict the outcome, but I would like to know if you have some advice or can tell me what the odds are in a situation like this.

    Thanks!

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    • #3
      Hi Laurie, I have had a few cases like that. All of my clients got their conditions removed alone. One thing that is required is that the divorce be final by the time the interview comes up. If your friend can prove that the marriage was bona fide in the first place then he will be okay.

      He should get a divorce lawyer for his divorce unless it's an uncontested divorce, then he could just do it himself.

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      • #4
        Thanks, that is a relief. Two more questions, actually...I know that he can apply to have the conditions removed 90 days prior to the anniversary date...does the divorce have to be final before the 90 days, or simply before the date that his current green card expires? Also, do you think it is necessary to have an immigration attorney help when he attempts to have the conditions removed on his own? Is this a complicated process? I'm sure he doesn't want to take any chances, but also would like to save the attorney fees if possible.

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