I need to get some help on something and am not sure what I need to do... I will be brief in my explanation, but hopefully this makes sense.

My girlfriend moved to the United states 3 years and 1 month ago. She married a week after arriving in this country... It was already set up at the time of her arriving, marriage Visa I think, no idea.

Well she had her green card for 2 years. In January of 2009 she filled out and sent in the paperwork for her 10 year green card. I think is was on conditional Green Card, I honestly don't know.

Well she and I are very much in love and she wants to divorce her husband. She and I are both wondering what would happen if she were to file for her divorce. She has been married for 3 years, has filled out the paperwork and we are just waiting for the 10 year Green Card. It is our understanding that it takes about 10 months to 1 year from filing to get the 10 year green card.

If this makes sense to anyone, could they please provide any insight on this for me please.


Thank You

If she divorces after becoming a permanent resident (10 yrs card), her legal status will not be jeopardized by the divorce. She will be eligible to obtain citizenship in 5 years.

If the divorce is filed before she's granted a permanent resident (10 yrs card), her legal status will end by the date the divorce is final and she will have to leave the country asap. If she divorces and considers remarry, she will have to start over with immigration process and it's strongly recommended to have an experienced attorney handle the case only. It's easier just to wait until she receives her new card.