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John Bold · Feb 17, 2009, 10:38 PM

I want to get married with american citizen, but I want to know how can I keep my legal permanent resident and worker statue in U.S. if I decided to divorce after getting married

I want to figure out that

1 What I have to do to keep my green card benefits after marriage with american citizen?
2 What I shouldn't do to don't lose green card?
3 At least how many years I have to keep my marriage to keep my green card?
4 What kind of situations make me out of green card benefits?
5 If I decided to get divorce right after marriage (let's say in 6 month or a year), what should I do to keep my green card?

Thank you for your response...

DCcityboy · Feb 18, 2009, 08:00 AM

Pretty simple. If you have a bona fide marriage (marriage to have a shared life together and not only for any immigration benefit) and you are granted your permanent residence or conditional permanent resident, you are a permanent resident.

If you get CR, you need to remove the conditions 2 years after approval. If you are divorced, you need to apply for the waiver of the joint filing requirement, proving up the bona fides of the marriage at inception. There is a lot of case law on this point, you should seek counsel from an experience family immigration attorney. And finally... if you are thinking about divorce now... don't get married. Good luck.

DCcityboy · Feb 18, 2009, 08:31 AM

To more fully respond. Your "permanent" residence is not permanent in that it can be revoked, (1) the most common is abandonment, if you are outside the US for a long period (over 6 months) and have not taken steps to affirmatively prove you want to maintain your permanent residence and (2) committing certain crimes (including some misdemeanors) typically with controlled substances, firearms, fraud and domestic violence.

John Bold · Feb 20, 2009, 04:25 PM

My question is

"after been 2 years of marriage ,what will happen to my green card if we got divorced ??"

Or for example 6 months later after we got married if we decided to get divorce what is going to be to my green card?
Is there anyway to keep my green card?

Thank you

DCcityboy · Feb 20, 2009, 05:18 PM

Once you get your permanent residence, you are a permanent resident. If you have CR, your divorce will require you to apply for a waiver (see above) and prove up the bona fides at the RC interview. You will then have regular PR.

If you have a regular PR, no RC required. Your divorce changes nothing except the amount of time you must be a PR to qualify for citizenship (5 years).

I think you are getting confused with time and CIS approval. They are separate. You keep asking about diviorce, if you are marrying simply for an immigration benefit, don't do it, there are lots of ways to get US permanent residence.

If this was helpful, rate this answer, good luck!

John Bold · Feb 24, 2009, 05:46 AM

First of all, thanks a lot for your help, and second you have pronounced "CR" for something What is it?

John Bold · Feb 24, 2009, 05:48 AM

And CIS?

Thank you

DCcityboy · Feb 24, 2009, 05:50 AM

"conditional resident" the 2 year approval that requires a removal of conditions application, I-751, after 2 years.

If this was helpful, rate this answer. Good luck.

DCcityboy · Feb 24, 2009, 06:44 AM

"Citizenship and Immigration Service"

John Bold · Feb 24, 2009, 04:37 PM

Are you a lawyer or Law school student ?

Some RandoM Guy · Mar 1, 2009, 03:42 AM

Why not just take his answer? He's being totally honest to someone that seems to be an almost-illegal immigrant. It's amazing that someone is looking to help you immigrate here while many others that were born here are looking for jobs, but you're trying to question their status in regards to law? I'm all for immigration, but if people are immigrating to the US then they should be happy to.. otherwise they can stay where they are.