Ask Me Help Desk - Conditional green card needing a divorce. Will the green card be lost?

Quote:

Originally Posted by tamtam848

I have a conditional green card by marriage in good faith. My wife(my petitioner) and I were only together for 2 months after marriage since she has to go to rehab for drug control.She has a boyfriend before who was into drugs and and was controlling her that is why she was sent to rehab.Up to this time, we were not technically together because of her condtiton. I am considering filing a divorce. Will I lost my CGC and be deported back to my country if I divorced her before my 2year probationary period ends? I have a girlfiend who is willing to petiton me so I can keep my green card. Will this be possible? I need your help.Thanks!

If you get divorced and can prove up the bona fides of your marriage to the satisfaction of the USCIS officer, you can get your conditions removed. You will need documentary evidence and your own sworn testimony as to cohabitation and co-mingling of funds. It will be a concern that you are not living together. You may need to supplement your filing with affidavits of people that know of your marriage. Some officers may see your wife's substance abuse problems as a condition that you are taking advantage of. Have you been to counseling with her?

You mention that you have a girlfriend as noted above. This is problematic in that you are married. As such, it casts doubt on the validity of your marriage, as well as the implication that your GF would file for you to "keep your green card." this is unlawful if the only reason that you marry is for an immigration benefit. Don't do this as there are civil and criminal penalties for marriage fraud. Please excuse me if I misunderstand your posting.

I recommend you consult with an experienced immigration attorney.