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Permanent Green card if divorced?

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  • Permanent Green card if divorced?

    Hi all,

    I married my husband (a U.S. citizen) in early 2019. We had our initial green card interview and I have received the temporary green card. Our marriage was real (we have been dating for a long time before getting married) but unfortunately we have reached an impasse where we want to file for divorce. I have a couple of questions for the forum:
    1. Does it matter which one of us files for divorce? (will it "look better" one way or the other?
    2. How much impact will it have on me getting my permanent green card? Ive read cases on-line where permanent green cards have been granted if the spouse has been particularly violent or abusive etc. This hasn't really been the case in my situation. There are instances of mental abuse and I do have my therapist who perhaps can vouch for me if needed. He is bi-sexual, which I wasn't aware of until we were engaged (I thought it wouldn't bother me that much but obviously I was naive). What makes my situation more challenging I guess is the short amount of time that we have been married. We have plenty of evidence of us being together before we married because we dated for a long time. We have joint banking accounts and a car together. (we lived in his parents house when we married so we don't have a joint lease or joint utility bill etc).

    Given the circumstances, is there even a slight chance of me still receiving my permanent green card after the divorce? Will it help if I can get him to write an affidavit stating that at the time of marriage it was done in good faith?

    Thank you all and I really appreciate any resources or help that I can get.

  • #2
    1. no
    2. There will be more scrutiny but if the marriage was genuine you should be able to do remove conditions by yourself on the basis of divorce. Abuse is not required, but if there was abuse it can be an additional basis for filing. He could write an affidavit; it could help but it doesn't necessarily help too much since in actual **** marriages the other person is willing to write an affidavit too.

    This is my personal opinion and is not to be construed as legal advice.