If I recently obtained my permanent US residency through marriage. but unfortunately the marriage is failing, how long until I’m able to get a divorce?

Asked on March 19, 2015 under Immigration Law, California


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can get a divorce at any time.  If your green card is conditional and you get divorced, you will have to file a separate petition to remove the conditional status and try to prove that the marriage was bona fide at the time it was entered into and through its termination.  If you do not have conditional permanent resident status, then there is no such requirement and you will retain your status regardless.

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