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Question re:divorce & greencard status

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  • Question re:divorce & greencard status

    My husband received a greencard when he married me in Sept 2000. I now wish to obtain a divorce or at least a legal separation. I have been waiting for his 3 yr temp. greencard status in Sept 2003 before filing - but also for property reasons, am concerned about the delay. What will happen to him if I file for a divorce before the 3 yr period? Will he still be able to obtain full greencard status? What will happen to me if I pretend to continue to be with him when I no longer am? Will we be required to undergo another interview when he applies for permanent greencard status?

  • #2
    My husband received a greencard when he married me in Sept 2000. I now wish to obtain a divorce or at least a legal separation. I have been waiting for his 3 yr temp. greencard status in Sept 2003 before filing - but also for property reasons, am concerned about the delay. What will happen to him if I file for a divorce before the 3 yr period? Will he still be able to obtain full greencard status? What will happen to me if I pretend to continue to be with him when I no longer am? Will we be required to undergo another interview when he applies for permanent greencard status?

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    • #3
      Firstly, his conditional greencard is valid for two year and not three years. Have him check the expiration date on his greencard. If it does expire in 2003, he need to apply for removal of conditions to get a permanent greencard. If you happen to file for divorce and it's finalized before his interview. Then he can go to the interview alone. Things get tricky if the divorce is filed but not finalized by the time he has to go to the interview.

      As far as what would happen if you tell the BCIS that you are still with him when in fact you are not, that is misrepresentation and you both could get in trouble for it. Hope this helps, if you need more information, feel free to send me an email at jbrar@xmission.com.

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