QUESTION

Can I still get my green card after I divorce my cheating wife who is pregnant from the other guy?

Asked on Jan 28th, 2013 on Immigration - New York
More details to this question:
Me and my wife been married for little over 3 and a half years now. About 6 months ago, she cheated on me and got pregnant from the other guy. Now if I divorce her will I still get my second (which is for 10 years I heard) greet card?
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11 ANSWERS

It depends on whether you have good solid evidence that your marriage was bona fide from the time it was entered into and through its termination. If you have a lot of documents to prove that, then you have a good chance of getting your conditional status removed even if you are no longer married. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Jan 31st, 2013 at 2:32 PM

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Immigration Attorney serving Madison, WI at Wren & Gateways Law Group, LLC
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It sounds like you have a conditional green card, and need to file the I-751 petition to remove conditions. You may file on your own after divorce, however it is difficult to get the conditions removed when you are no longer married. You would need to prove to immigration's satisfaction that your marriage was a good faith marriage. Talk with an immigration lawyer about all the details of your case before making any decisions.
Answered on Jan 31st, 2013 at 2:31 PM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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You can. You file the i751 self petition.
Answered on Jan 31st, 2013 at 12:20 AM

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Yes, you can - if you prove to the USCIS that you entered the marriage with the intent to create a family, and not just to get a green card. It is not an easy task, and I would not recommend trying to do it on your own, without professional representation.
Answered on Jan 30th, 2013 at 6:25 AM

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Rebecca T White
You will want to review your situation with an immigration attorney. You will need to show that the marriage was entered into in good faith.
Answered on Jan 30th, 2013 at 6:24 AM

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Yes it is possible. From your question, I assume you were granted conditional resident status. Normally, you have to submit a joint petition to remove the conditions on your card. If that is not possible, however, you may apply for a waiver of the joint requirement by showing that you were married in good faith and that your marriage was terminated through divorce or that you would suffer extreme hardship if your status was terminated and you were removed from the US. Were you ever battered by your spouse or subjected to extreme cruelty?
Answered on Jan 30th, 2013 at 6:23 AM

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Adebola O. Asekun
If my assumption is correct, you are a conditional resident alien based on an I-130 petition filed by your wife, then, your temporary green card will be valid for a 2 year period and before the end of which, (a) either both you and your spouse must file a joint petition to remove the conditions on your green card joint Form I-751 or in the alternative (b) file the I-751 alone by yourself with request to excuse the requirements for joint filing. As reasons for not jointly filing, you may be able to adduce evidence of your physical and or psycho emotional abuse you suffered at the hands of your spouse. The fact of her cheating would be evidence of her abuse. You can file a divorce. But I'd suggest that if possible, you should not divorce her yet, but instead first gather as much evidence that (a) you entered into the marriage in good faith and (b) evidence of the abuse, So, unless you are about to reach the 2 year expiry of your green card, you should take all these measures. Note that regardless of how an I-751 petition is filed [jointly or self-filed] if it is denied, DHS is legally mandated to initiate proceedings for your deportation from United States. While it does not necessarily mean that you will ultimately be deported from the US, the financial, emotional and other costs associated with the deportation process should make clear the need for you to carefully weigh your options as well as of the prudence of seeking competent legal advice from a good immigration right away before things get too far out of hand.
Answered on Jan 30th, 2013 at 6:23 AM

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Immigration & Naturalization Attorney serving Seattle, WA at Julian & Chin, LLP
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You will have to seek waiver of the joint filing requirement for the I751 petition to remove conditional status. You can assert the good faith marriage exception and possibly being subject to "extreme cruelty". There is also an exception for "extreme hardship" to you if you were forced to return to your home country.
Answered on Jan 30th, 2013 at 6:14 AM

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You can still apply to remove the condition on your resident status but the process is more complicated. You should consult with an immigration attorney for a review of your case.
Answered on Jan 30th, 2013 at 6:13 AM

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It seems you have a conditional permanent residence (green card) since you mention getting your second green card, therefore a petition will have to be filed prior to the expiration of this card to remove the conditions. Although the petition to remove conditions is supposed to be filed jointly by both spouses, you can request a waiver of the joint filing. However, you and your spouse will have to be legally divorced in order to obtain the waiver (not just separated) and you will have to provide evidence that it was a real, bona fide marriage at the time the parties entered into the same. Please keep in mind that each case is different, therefore I would recommend that you consult with an attorney in order to obtain additional information.
Answered on Jan 30th, 2013 at 12:09 AM

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Criminal Defense Attorney serving New York, NY at Law Offices of Nicklaus Misiti, PLLC
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You may but you will need to apply for a waiver. It will be difficult without an attorney. My firm handles these cases in NY.
Answered on Jan 29th, 2013 at 11:56 PM

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