What happens if I want to divorce my immigrant wife with a conditional green card because she married me just to get the card?

UPDATED: Sep 29, 2022

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What happens if I want to divorce my immigrant wife with a conditional green card because she married me just to get the card?

She will fight the divorce and in our state we are required to live separately. She doesn’t have a job. Am I required to provide room and board during the separation? This would create an economic hardship, or can we continue to live together and then I will refuse to sign the I-751 in another year or so?

Asked on October 30, 2015 under Immigration Law, Virginia


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can file for divorce and you should consult with a family law attorney as far as your rights and obligations insofar as separation and support may be concerned.  From the immigration law standpoint, if she will be able to prove that the marriage was bona fide at the time it was entered into, she will still have a chance to get the permanent residence status even if you are no longer married.

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