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One of the spouses has a case in the immigration office

One of the spouses...

One of the spouses has a case in the immigration office waiting for the Green Card on the basis of a join marriage. What happens if they divorce before he/she receives a Green Card?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

California

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Answered in 1 minute by:
10/19/2017
Nisha Jones
Category: Immigration Law
Satisfied Customers: 3,483
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good evening, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Are you referring to the 10 year green card, or for a conditional resident card?

What is this person's current visa/ immigration status?

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Customer reply replied 9 months ago
A conditional.

In that case, if they are divorced before the conditional resident card is received, then unfortunately the petition will be withdrawn, and the non-citizen spouse will no longer receive their conditional resident status.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Nisha Jones
Category: Immigration Law
Satisfied Customers: 3,483
Experience: Managing Attorney at Nisha Jones Law, LLC
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Nisha Jones and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 9 months ago
After marriage he/she received 2 years temporary. Five mounths s ago they apply for conditional.

I think you may be confusing some of the terminology here.

If they were married 2 years ago and filed the spousal petition, then the spouse would have received a conditional residence then.

What they would have petitioned for now would be the I-751 removal of conditions.

In that case, if the divorce happens now, the non-citizen spouse can still attempt to get their permanent residence/ green card by submitting a divorce waiver.

This is basically a letter explaining that they did in fact have a bona fide marriage, and that it ended in divorce. Once the interviewing immigration officer decides that theirs was in fact a bona fide marriage, not a sham marriage just for immigration purposes, then this person can still receive their green card.

I hope that helps!

If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. Best of luck to you, take care!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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