Will I lose my green card if I divorce my husband before our 2 year anniversary?

UPDATED: Jun 22, 2012

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Will I lose my green card if I divorce my husband before our 2 year anniversary?

I came to this country 7 years ago with a tourist visa. After a year my mom filed for a petition for assylum which got denied but still open. I married my boyfriend last year; I then applied for residency. I just got my green card a few days ago because we were missing some documents. On the other hand, me and my husband and I are having marital problems and we’re seriously thinking on getting a divorce. How would this affect my status?

Asked on June 22, 2012 under Immigration Law, New York


SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is going to be a bit suspicious that you just got a green card and right away want to file for divorce.  the bona fide nature of your marriage will defiinitely be in question.  However, if you can demonstrate with sufficient evidence that your marriage was bona fide from the time it was entered into and through its termination, you have a chance of getting the conditional residency lifted even if you are no longer married.

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