What to do if I’m married to a conditional green card holder and the conditions expire in 2years but I want a divorce now?

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What to do if I’m married to a conditional green card holder and the conditions expire in 2years but I want a divorce now?

I’ve been married for almost 2 years now and I want out of the marriage. He has a conditional green card that expires the year after next but I do not want to stay with him any longer. Will I mess up his chances of becoming a permanent green card holder? Also, I am starting a great salaried job in a few months and I’m worried about having to pay spousal support. Is there anyway around that? Is it best to hire a lawyer not seek a legal aide in order to handle my divorce?

Asked on June 7, 2012 under Immigration Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I suggest that you consult with a family law attorney about the divorce that you now desire. As to your divorce ending your spouse's chances to get a permanent visa to stay in this country, there is a good chance that may happen if your marriage has been less than three years or so.

Your options are to seek a legal separation where spousal support is waived, stay married or file for a dissolution.


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