How will divorce effect my ROC Green Card application.

UPDATED: Oct 1, 2022

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How will divorce effect my ROC Green Card application.

I came to the US as a K1 fiance. I married my wife in August 2017 but we have ran
into difficulties in our relationship. We’re ‘growing apart’ it seems. I’d like
to know how getting divorced would effect my application to remove the conditions
of my 2 year Green Card.

Asked on November 28, 2017 under Immigration Law, Michigan


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

well, typically, a divorce in this type of situation does not necessarily mean that your request for removal of conditional status would not get approved if you can provide evidence that the marriage was bona fide at the time it was entered into and through the date of termination, in other words, that you did not get married only to get a green card.  however, if you have only been married for 3 months, it seems a bit questionable as to whether this is a bona fide marriage.  you probably have not even gotten a green card yet that would be conditional.  even if you do and you divorce shortly thereafter, keep in mind that such a short lived marriage really does pose questions to USCIS as to whether it is legit.

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