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CA_Law1 · Jan 11, 2009, 01:48 PM

Hi there. I just received my Permanent Residence (Conditional) status. My husband and I had a disagreement and is threatening me with Divorce. I am originally Canadian and had myself established there with a career as a Law Clerk. By marrying my American husband, I have lost everything by following him to California. I do not want to lose my status in California, and wish to establish myself there. My husband is the one who wants out of the marriage NOT I. Is there a chance I can lose my status? I have read in books that as long as I show that I entered the marriage in good faith, in which I did, then I would be allowed to stay in US and live out my life.

lawanwadee · Jan 11, 2009, 05:48 PM

This matter depends on the circumstances of the separation, as well as how the divorce proceedings are handled. Since your LPR status is conditional, and requires a waiver at the two year mark, then either you have cooperate with the process, or you need to file a waiver with evidence indicating you are not at fault for the breakup, together with evidence of the legitimacy of the marriage and extreme hardship you will face should you be deported, etc. This is not a DIY case, you need a specialist.

CA_Law1 · Jan 12, 2009, 07:33 AM

Thank you for your response. The circumstances here is that he decided that I am not the right woman for him (after a little disagreement) and has decided to end the marriage. I love my husband and don't want to leave, but if a man doesn't want you, then you have to have the self respect and let the marriage go. We had a gorgeous wedding in California and have an album, we had a nice wedding at a COuntry CLub, honeymoon, etc. I definitely entered the marriage in good faith and I am sure he did as well. He is possessive and controlling and wants to control everything. I try to talk to him and he ends up raising his voice. At any rate, the point is that he wants out of the marriage. As for me, I would like to now establish myself in California and do not want to come back to Canada and face all my family & friends. I want to stay there and pretend that all is still well. I would like to work and just find my happiness.