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Ask Jen Marie, Esq. Your Own Question
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5239
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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FOR,, If my wife is a conditional permanent resident, can I

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Hi, Jen,
If my wife is a conditional permanent resident, can I then send a letter to revoke my affidavit of support for when she is no longer on the conditional green card?

Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

What status is she in if she is no longer a conditional green card holder?

Customer: replied 1 month ago.
She is a conditional green card holder now. I plan on divorcing bc she is cheating on me. She is very callous in the way that she does it.

I'm so sorry that's happening. You are definitely allowed to divorce her if you wish but that would not take away her conditional green card. She would remain a conditional green card holder and before the 2 years are up, she has to submit the I-751 to remove conditions and get a permanent green card. She can do that whether she is married to you or not. If she is married then she would file jointly. IF you are not, then she would file as a divorce waiver application. There's no guarantee that she would still get the permanent one, but she can apply. If she is granted the permanent green card, then your affidavit of support is still valid. It cannot be revoked. If her I-751 is denied then she must depart the US and then your affidavit of support is no longer valid.

Good luck to you and I hope this answer has helped you!

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Jen Marie, Esq. and other Immigration Law Specialists are ready to help you

Hello - i see you requested a call. When did you want to speak?

Customer: replied 1 month ago.
can we speak now?

In about 10-15 minutes. Is that ok"?

Customer: replied 1 month ago.
Customer: replied 1 month ago.
Hi, I'm waiting for the phone call.

I'm so sorry.I had a delay and will be calling shortly.

Customer: replied 1 month ago.
thank you Jen!

You're welcome. :)