Can I file for Good Faith marriage before receiving conditional green card?

UPDATED: Oct 1, 2022

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Can I file for Good Faith marriage before receiving conditional green card?

I got married in CA to my wife same sex marriage in March 2016. She is an American citizen and I’m not. I have lived in the US for 8 years and I came here legally on a student visa which expired in 2015. Shortly after I got married, my wife cheated on me and became pregnant We went to our interview in February 2017 when the baby was just a few weeks old. The officer sent us back home and told us to wait for a letter requesting some more information from us i.e bank statements, shared bills etc.. We never received the letter. I was completely heartbroken over my wife’s betrayal, and there is now a child involved which is crazy even though I love her. I was able to get a job on the east coast so I moved but my wife is still in CA. We are not divorced but I don’t know if I should file for Good Faith marriage so I can finally get my green card? All my documents are now expired and I feel like I’m just lost in the system. Is it possible to file for Good Faith marriage even if I haven’t received my conditional green card? The bottom line is that we did get married for love…but then she cheated and ruined our marriage.

Asked on June 14, 2018 under Immigration Law, California


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I would suggest that you  make an INFOPASS appointment with the local USCIS office and just find out what the current status of the case is.  It may be that you did receive something in the mail but it just didn't make it to you.  It usually does not take this long.  But if you can find out the status then it will be more straightforward on what options may be available to you.

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