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    liz2012's Avatar
    liz2012 Posts: 1, Reputation: 1
    New Member
     
    #1

    Oct 12, 2012, 06:28 AM
    Divorce while waiting for green card
    My husband filed the paper work for the green card around 5 years ago. Our lawyer back then advised that although we both were working on H1B visas to just submit one petition since we were married to avoid double expense. Based on the immigration website, we still need to wait one more year for a visa # to be available for us. And then of course it would take another year or so to finally get the green card. Our marriage has been in trouble for quite some time and we want to get a divorce. However, I am concern because I am assuming that If I get divorced, he will get his green card, but I won't right?
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #2

    Oct 27, 2012, 06:22 AM
    Not so clear... but if he obtains his gc based on employment, you won't get one if you're divorced before the approval.

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