i am a permanent resident of USA with a conditional green card, which i got after getting married to a US citizen. its been 7 months since i got my green card. if i file for a divorce, what happens to my green card? do i retain it or lose it?
State/Country relating to question: Illinois
Thank you for your inquiry. If you were to divorce, you could retain your Green Card through the expiration of your conditional green card.
If you wished to remain in the United States after the expiration of your conditional green card period, you would need to file a waiver of the I-751 joint filing requirment within 90 days of the expiration of your conditional resident card based upon entering the Marriage in good faith and the marriage ending in divorce.
Your divorce would need to be final in order to be approved for the waiver.
Is impotence a ground for divorce without losing my green card? I mean, our marriage has not been consummated but i married my husband in a good faith and it was an arranged marriage. In that case, does my green card stays valid or not?
Illinois has a no fault divorce system which means that parties can divorce for any reason. It is your burden of proof to demonstrate that you married in good faith. The USCIS examiner will determine the weight and credibility of the evidence. It is generally a good idea to retain an Immigration attorney for a waiver application.
What proves that i got married in good faith? It was an arranged marriage, i did not know about his impotence before i got married and have waited for more than a year for it to improve. I was an MD doctor in India doing pretty well financially..Apart from all this, how do i prove that i married in good faith?
The primary inquiry is intent which is based upon your credibility during the interview. The same tangible factors that resulted in you being approved for your green card would be revisited by the examiner as well as the reason for the divorce. For example, correspondence, vacations together, commingling of finances, sharing of a residence, joint bank accounts and joint property.
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