if my spouses green card is tied to our marriage is it safe to get a divorce?

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if my spouses green card is tied to our marriage is it safe to get a divorce?

We have been married for about 3 years. Sometimes things are not what they used
to be and a separation is needed. When is it safe to get a divorce so that she
does not get deported in the aftermath?

Asked on October 31, 2018 under Immigration Law, Colorado

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Does she still have the conditional green card or  have you already submitted petition to remove the conditional status?  If conditional status has been removed, there will be no impact at all on the green card other than that she will be eligible for naturalization 5 years after obtaining it rather than after 3 if still married to the petitioner (you).  If the conditional status has not yet been removed and you get divorced, the burden will be on her to show that the marriage was bona fide at the time it was entered into and through its termination.  As long as that is the case and she can provide evidence of that, she should be able to get the status removed on her own and retain the green card status.


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