Immigration Issues/permanent green card

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Question
I have received my temporary green card, pending a permanent one in about two years. My husband and I are having trouble in our marriage, and are attending marriage counseling.

If our marriage fails, and we separate and/or divorce before I receive a permanent card in two years, will I be disqualifed from obtaining a permanent green card? Is there anything I can do to obtain a permanent green card if we divorce within the two-year period? Thank you.

Answer
Hi Sophia,

Your conditional resident status will expire 2 years after issuance of conditional resident card. Normally both you and your husband would file Form I-751, Petition to Remove the Conditions on Residence, but it is possible to file and obtain approval of this form by filing singly (rather than jointly with your husband) if you obtain a divorce and if you can show that the marriage was a bona fide marriage at the time that you were married. This form can be filed when a divorce petition is filed, but the form will not be approved until the divorce is finalized.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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