Can I be deported if my wife leaves me after my green card conditions are removed? - Immigration Law Questions and Answers- LawQA.com

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Can I be deported if my wife leaves me after my green card conditions are removed?

I have been married to a US citizen and i will be applying for the removal of condition jointly with her this month. Our marriage has been a disaster for her as well as for me and I still wanna work on things while she is ready to give up. My question is after the condition are removed from my green card if she decides to part ways, can she have me deported?

Law Offices of Svetlana Boukhny
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No. You will not be deported if your conditional status is removed and you are granted a green card. However, it seems strange to me that if she is ready to divorce that she would be willing to file for the removal of conditional status with you.

Answer Applies to: California
Replied: 8/30/2012

Answer By Jen Hanna
Hanna Legal, LLC
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Usually no, but divorcing soon after getting the permanent GC may cause problems with getting citizenship.

Answer Applies to: Wisconsin
Replied: 8/17/2012

Law Offices of Brian D. Lerner, A PC
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Not likely if the marriage was bona-fide at the outset. *Petition to Remove the Conditional Residency and the Divorce Waiver* While the Green Card has already been received, it is necessary to file what is known as the Petition to Remove the Conditional Residency. If this is not properly filed within 90 days before the expiration of the Conditional Green Card, the status will be automatically terminated.

Please note that in some cases, even though the spouse does not want to help file the petition to remove the conditional residency, or there has been a divorce, it is still possible to get the Petition to Remove the Conditional Residency filed. Sometimes, the marriage simply does not work out. In cases like this whereby the marriage has come to an end, or will be coming to an end, a Divorce Waiver can be filed in conjunction with the Petition to Remove the Conditional Residency.

When we prepare the Divorce Waiver, we will show in detail how the marriage was bona-fide and the reasons for the divorce. If the divorce has not yet occurred or is not yet final, then we must file an Extreme Hardship Waiver if the spouse will not help with the filing of the Petition to Remove the Conditional Residency.

Answer Applies to: California
Replied: 8/17/2012

Answer By Bijal Jani

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No, once the conditional greencard transfers into a "permanent" greencard, your wife cannot have you deported.

Answer Applies to: New York
Replied: 8/17/2012

Frazier, Soloway & Poorak, P.C.
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I am sorry to learn of the problems you are encountering with your marriage. Often it is helpful to seek advice and assistance from a couples counseling professional to try to resuscitate a marriage, and to consult with a domestic relations attorneys about rights and obligations in the event of a divorce.

Regarding immigration issues for Conditional Residents (so-called holders of "two-year Green Cards"), if the couple is not living together when it becomes time to petition for removal of the condition and/or if U.S. spouse is not willing to petition jointly with the foreign national spouse, and if instead the couple becomes divorced, then the foreign national spouse alone may petition to remove the condition and seek a waiver of the usual requirement that both spouses petition jointly.

To succeed, it generally is necessary to supply ample documentary evidence to show that the couple lived together in a bona fide marriage notwithstanding that the marriage did not last.

A U.S. Citizen spouse cannot have her foreign national spouse deported, only immigration authorities can initiate removal (deportation) processes. Immigration authorities are accustomed to unhappy spouses contacting them to make allegations about their foreign national spouses, and they generally do not give priority or take action on account of those contacts.

Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

Answer Applies to: Georgia
Replied: 8/17/2012

Answer By Ari Sauer
Siskind Susser - Immigration Lawyers
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No.

Answer Applies to: Tennessee
Replied: 8/16/2012

Natty Shafer Law
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Once you have a permanent residency card, your marriage status will not affect it. You can still be removed for committing certain crimes, but, otherwise, you will be able to stay in this country.

Answer Applies to: Utah
Replied: 8/16/2012

Answer By Justin X. Wang
Baughman & Wang
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No unless CIS has solid proof that your marriage is a sham marriage.

Answer Applies to: California
Replied: 8/16/2012

Answer By Alexander Segal
Law Offices of Grinberg and Segal
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Once the conditions are removed, you should be able to keep your green card provided U.S.C.I.S. cannot establish the marriage fraud. Occasionally, U.S.C.I.S. will seek to revoke lawful permanent residence status if there were allegations of fraud.

Answer Applies to: New York
Replied: 8/16/2012

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