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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 102584
Experience:  Private practice in several areas, including immigration
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My daughter married to an American 15 months ago. she stayed

Customer Question

Customer: Hi Sir, My daughter married to an American 15 months ago. she stayed out side USA waiting for the immigrant visa. she got it 2 weeks back and she was ready to travel when her husband called informing her that he wants a divorce. 1)Can she travel to USA now? 2) Will the green card status drops when the divorce process is completed?
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Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am very sorry to hear about your daughter's situation.

The visa is still valid, although it will only be until (a) the divorce is finalized, and (b) USCIS finds out about this. Since most divorces - even if uncontested - can take months to process, the visa is still technically valid. NOTE that if he contacts USCIS and tells them of the pending divorce, she may be waylaid upon entering US on the visa, but eventually should be let through. But again, the visa will be cancelled if he goes through with the divorce, because the visa is conditional for 2 years and is dependent on the marriage, and only then can she get a permanent greencard status.

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Customer: replied 1 year ago.
Her issued visa is valid for6 months. Green card fees of $165 has been paid. Can she still enter the US and change the address?
Expert:  Ely replied 1 year ago.
However, again, if her greencard is based off the marriage, then it is a conditional one for 2 years. If she is formally divorced within those 2 years, the greencard is voided.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.