When you apply for a marriage green card, most applicants don't realize that they are subject to a conditional period before they can become legitimate legal permanent residents. There's good reason for the government to impose conditions on your marriage green card. The federal government does this in order to be certain that your marriage isn't a "business relationship" or in other words a "sham."
A conditional green card holder has most of the same rights as a non-conditional green card holder except a conditional green card holder must wait a period of two years before gaining legal permanent residency.
What happens if i get a divorce before the 2 years?
Relax. Assuming your marriage wasn't in fact a sham, then you can overcome this situation by filing the I-751 Removal of Conditions of Residence form. If a divorce has already occurred, then the immigrant will have to file one of these forms solo. Its possible to overcome the divorce, but the applicant has the burden of proving that they were in a bona fide marriage, meaning that the marriage was in good faith. The applicant must provide evidence through documentation when necessary.
What should i do if i was married and a conditional green card holder but now i'm divorced or contemplating divorce?
The fist thing you need to do is contact a West Virginia Immigration Lawyer, and get the counseling you need. A qualified immigration lawyer can help you compile the evidence you need to prove that you were in a good faith marriage and ultimately help you to obtain the I-751 Waiver. It is not wise to pursue the waiver on your own.
Seth Gaskins is a West Virginia, Virginia, North Carolina, Tennessee, and Kentucky immigration lawyer and founder of Cardinal Immigration, an immigration law firm providing legal services in West Virginia and throughout Appalachia and other underserved areas. Seth believes that immigrants in these areas are underserved and strives to provide these individuals with exceptional legal services that otherwise would require travel to big cities and large fees.
Seth S. Gaskins, Esq. is a Divorce and Immigration Attorney in West Virginia.