Brookline, MA asked in Immigration Law for Massachusetts

Q: Is there any issue here - my daughter married a guy from France

a little over a year ago but now they are going to separate. Does that affect his status?

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1 Lawyer Answer
Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: Does he have a green card? If so, is it a 2-year green card or a 10-year green card?

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.

Most foreign-born persons who marry U.S. citizens apply for a green card in order to remain in the U.S. with their spouse. In order to become a permanent resident, they must first file for a 2-year conditional green card, and then submit form I-751 to apply to remove the condition and obtain a 10-year green card.

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