Forest Park, IL asked in Immigration Law for Illinois

Q: Conditional GC holder but have to divorce. What should I do about my GC?

I am married to US Citizen for little over 2 years and I have conditional GC.

He started to be very mean, he insults me, doesn't want to work, always have some excuse. He is often in a bad mood and in that case he says such a bad things to me. Even though I am the one supporting us in each way he treats me like garbage. Few times when we went to Walmart, Starbucks I saw him stealing. I told him not to do that and I took what he stole and went back to pay. But I cannot stand this anymore.

I went few time to counselor to try to find solution for our marriage, but I couldn't be the only one trying.

And at the top of everything I recently found out that he is HIV positive, he was cheating me.

My world is crushing down and I don't know what to do anymore.

I need advice on legal status here. I am filing for divorce, but need to know what to do about my GC and how to remove conditions.

I really appreciate any advice here.

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2 Lawyer Answers
Svetlana Kats
Svetlana Kats
Answered
  • Immigration Law Lawyer
  • Cleveland, OH

A: While you still married, collect all documents showing that your marriage is bona fide( real marriage). Same documents that you have collected for your marriage interview. After your divorce, immidiately file removal of condition on residency application based on bona fine marriage exemption to joint filing and provide all documents evidencing your marriage. I would still consult experienced attorney before filing your removal of condition on residency application. Good luck to you!

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL

A: I agree with Ms. Kats. Make sure you have a paper trail of all documents that show a valid bona fide marriage, and then after the divorce retain counsel to file a waiver of the requirement to file the I-751 jointly. Some of us are very affordable and charge a flat fee for this application. Discuss with counsel. Counsel in any state can assist you.

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