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  • Green Card status if I leave husband?

    I have been married to a US citizen for 1 1/2 years. I recieved my Green Card in August. If I leave my husband to I have to return home?

  • #2
    Hi Gilded,

    Yes, you are expected to return to your country. At the same time, the law makes possible for aliens to stay in the US after divorce, under certain conditions.

    If you share more info about your marriage ( reason for divorce ...) you'll get more specific answer.

    Comment


    • #3
      If you have a conditional green card, you can divorce and protect your residency in the US by self-petitioning to remove the conditions on your status. To be successful, you will need to present evidence to prove that the marriage was genuine.
      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

      Comment


      • #4
        We were married after we had know each other a short time. We meet in my country (he was vacationing). He flew me over so we could be married. I am 20 (18 when we married) and he is 34. For the first 1 1/2 year there was no phone in the house. Now we have a phone, with caller ID, and he checks all incoming and outgoing calls. I can't work or attend classes. He reads all e-mail, limits contact with others, never allowed to go anywhere without him or his permission. You get the idea. In Virginia we have to be separated for 6 months before we can file for divorce. Do I have to leave as soon as we separate or can I wait until the divorce is final? Can I stay in the country with I petition to have the conditions of my green card removed? How long does that process take? Do I need a lawyer? I have no income?

        Comment


        • #5
          Dear Gilded Cage,

          Yes, you can file to remove the conditions and stay in the country on your own. But, how do you plan to live without a job/income? Do you have an EAD? If so, have you looked for a job? If your husband has kept you locked up so to speak, do you have friends here? Where will you stay? Why do you want to stay? You are going to need money to file the necessary petitions with USCIS and money for rent, food etc.

          I wish you luck.

          Comment


          • #6
            Hi Gilded,

            sorry to hear about your situation.

            Check out this thread:
            http://discuss.ilw.com/eve/forums/a/.../m/89210487821

            That will give you some idea what your options are.

            No, you don't have to leave as soon as you separate. The process of removing conditions can take anywhere from 6 to 18 months. While waiting for a result, you can legaly stay and work in the US.

            Consulting a lawyer could be a good idea. Maybe you can find someone who will give you first consultations for free. Or some non-profit organization?

            Do you have someone who you can talk to about your situation? A priest?

            Take care

            Comment

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