If I have a temporary green card and that is going to expire at the end of the year and my wife wants a divorce, what is my status?

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If I have a temporary green card and that is going to expire at the end of the year and my wife wants a divorce, what is my status?

Asked on May 25, 2015 under Immigration Law, Massachusetts

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You would have to file for the removal of the conditional status in order to preserve your green card status.  If at that time you are still legally married, you can file with your spouse.  If you are no longer married at that time, you will need to file and request a waiver of the joint filing.  You might still be able to get your permanent resident card if you are able to prove that the marriage was bona fide from the time it was entered into and through its termination.


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