Immigration Issues/Divorce

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Question
My husband and I have been married for over 2 and a half years now.  He is from Lebanon and September was the anniversary of his conditional green card.  We have been married during the 2 years that were required but have since decided that going our separate ways was for the best. Does he need to receive his permanent green card before divorce can be filed for?  It is a mutual agreement that neither of us wish to be married anymore and he will be completing his schooling in December and moving to another state to obtain employment.  Any help on this matter would be appreciated.

Answer
Hi,

It is not clear from your email if the petition to remove the conditions on residence (Form I-751) has already been filed. If so, then the I-751 should be approved (and therefore permanent green card for your husband received), even if you get divorced, unless an interview is scheduled by the USCIS prior to approval of the I-751.

If the I-751 has not yet been filed, it can be approved even in case of divorce if it can be shown that the marriage was bonafide at the time that it took place. The divorce must be granted before the I-751 is approved.

The I-751 can be downloaded here: http://www.uscis.gov/graphics/formsfee/forms/i-751.htm

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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