Naples, FL asked in Divorce and Immigration Law for Florida

Q: If I have conditional green card and my spouce wants divorce due to his health problems, can I still get permanent card?

I am a foreign citizen and I just got my marriage-based conditional green card which expires in two years. My spouce is much older than me (late 60s) and has heart problems (he had surgery about 7 years ago and will probably need another one soon to install some kind of mechanism). He wants to divorce because he thinks he may die and he doesn't want to leave all the legal mess regarding our marriage to his daughter. But to remove conditions from my green card and make it permanent, I need to stay married to him for 2 more years and then file a petition together. If we divorce now will I still be able to get a permanent green card?

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3 Lawyer Answers
Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: If your marriage ends in a divorce before your conditional permanent residence (CPR) expires, you should submit an I-751 waiver to the USCIS as soon as your divorce becomes final.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: You can apply for a waiver of the petition to remove conditions based on divorce using the same form you would use to remove conditions.

Cheryl Fletcher
Cheryl Fletcher
PREMIUM
Answered
  • Immigration Law Lawyer
  • Palm Beach Gardens, FL
  • Licensed in Florida

A: As my colleague stated, you need to file form I-751 I your marriage ends in a divorce before your conditional residency expires. My concern for you however, is that, with such a short marriage it may raise red flags to the immigration officer about whether your marriage was real.

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