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pheonix99 · Feb 23, 2009, 10:12 AM

Because my husband and I had been married for over 2 years when I had my interview appointment, I got the green card for 10 years. If I divorce my husband, will I be able to stay in the us and would it affect the green card in any way?
Thank you

DCcityboy · Feb 23, 2009, 10:28 AM

Have you tried counseling?

To answer your question directly, yes, you are a permanent resident and can stay in the US, unless the marriage is fraudulent or you do something to have the Service revoke your PR.

The only thing that would be affected is the time you need to be a PR to qualify for citizenship, if you are still married, then you file for natz at 3 years (actually 2 years 9 months) if not, then 5 years (4 years 9 months). If you are planning to divorce between that time, file at the 5 year mark because if you file early and you are divroced or divorcing the officer will deny your case and ask you to file at the 5 year mark.

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

pheonix99 · Feb 23, 2009, 10:54 AM

I wanted to get counseling, have tried to convince my husband to go many times. There's no way he would do it. It would be bad for his career he says.

DCcityboy · Feb 23, 2009, 11:02 AM

Sorry to hear that, marriage is as important as career (just my opinion) and there is counseling from churches and other groups that wouldn't affect the career. Its difficult (for guys) to admit a marriage needs counseling. I wish you well.

pheonix99 · Feb 23, 2009, 11:10 AM

Thank you, I think so too that marriage is at least just as important as career. My husband has always put his career first and I deticated my whole life to him and his career but he doesn't even want to hear anything about counseling. I have tried it all, I don't think I can do anything but getting divorced now. So because I left my home-country and have nothing left there I hoped I could stay in the us without having to stay married to him. I hope it all will work out. Thank you very much for your help

lucymee · Oct 19, 2011, 09:59 AM

I had been in this situation, so I can understand. After five years of marriage (five!) my ex-husband woke up one day and announced that he had to focus on his business and that our marriage, for some reason, stood on his way. I tried talking to him, take him to couple counseling, but nothing worked. A year later or so I found out there was another woman.