What will happen if I have been married for 3 years to a US citizen but our marriage is falling apart and we are getting a divorce soon?

I decided to move out. Then 2 months ago I applied to remove conditions of my permanent resident card (form I-751). I received a letter from USCIS saying I had a year to adjust my status and would be called to make my prints and continue the process. I have not been called yet. My green card expires this month. I want to know if I have to re-apply with a different form after I sign the divorce or if I should wait to be called for my prints and continue the removal of conditions. If I am granted the removal, can I keep this status even if I get a divorce? My green card was issued with my maiden name so no change has to be made on it.

Asked on March 10, 2013 under Immigration Law, New York

Answers:

Byron Mobley / The Law Office of Byron Mobley

Answered 7 years ago | Contributor

You will need to consult with an immigration attorney as soon as possible.  It is not uncommon for this to happen and there are ways to still qualify to remain in the US depending on the facts of your case


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