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Immigration Issues/Divorcing wife after 6 years

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Question
Sir,
I filed for divorce from my wife for adultery.  We have been married almost six years and have a 5 year old son.  I am a US citizen, she has a green card.  Obviously we didnt make the 7 years for her to become a citizen.  What are her options as far as green card, citizenship, etc...  Would like to send her back to Lithuania.   She has given me primary custody of son.  Thanks

Answer
She does not need you anymore to keep her green card or to become a citizen. If she has a two year card she can file the I-751 without you and give them a copyof the final divorce and your child's birth certificate and she will get a 10 year card. If she already has a 10 year card, she can file for citizenship without you after she has been a resident for 4 years and 9 months. Immigration is not likely to deport her or take away her green card because the relationship appears entered into for love as evidenced by your child together. Things happen after marriage/green card but that does not mean she intended fraud from the beginning.


Regards,

Robert

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