Cambridge, MA asked in Immigration Law for Massachusetts

Q: Could I face issues while renewing 10yr E19 GC, if I get divorced before 2 yrs of receiving it? I had a 10 yr+ marriage

I'm an Indian citizen holding an E19 Green Card that was issued in Aug '20. I separated from my husband around July '21 due to irreparable issues in the marriage. We both want to apply for a mutual divorce by Nov, '21. The green card is a 10-yr one. My marriage has been of 10.5 yrs (I was married in May, '11). My husband is also an Indian citizen, holding his E18 Green Card now. We both have been on L1 & L2 visas respectively since our wedding in 2011 up until Aug, '20. We have no children but have a house together that we paid for equally. I personally have had been holder of L1 & B1 visas myself for years before my marriage and lived in the US on those visas.

Question is: Could I be facing issues in the future while applying for renewal of GC or applying for US citizenship, if I apply for divorce in Nov '21 or do I have to wait till Aug '22 to complete 2 yrs of receiving the card?

Thanking in anticipation for the help,

Sunetra

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2 Lawyer Answers
Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: As the spouse of a priority worker you derive your status from his status. You indirectly received your LPR status through marriage. There may be questions regarding whether the marriage was a legitimate marriage. However, given the length of your marriage it is unlikely. If asked, it sounds like you will have no problem providing sufficient documentation to support a legitimate matriage.

1 user found this answer helpful

Giselle M. Rodriguez
Giselle M. Rodriguez
Answered
  • Immigration Law Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: Dear Sunetra,

If I understood your question correctly and based on what you have described, because you currently do not have conditional permanent residence (a Green Card valid for 2 years), it is unlikely that you will face problems when applying for green card renewal or applying for U.S. Citizenship.

If you had a conditional permanent resident card, that might be a different scenario, but it does not seem like that is the case in your situation.

I would recommend setting up a consultation with an immigration attorney to further explore this topic.

Hope this helps!

1 user found this answer helpful

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