Legal Question in Immigration Law in Oregon

I'm married to a U.S. citizen for almost a year and 2 month and I have a kid from her. I Came the U.S. legally on student visa and we fall in love and I married her and got my green card. Lately, things are not working out together because of finicial problems. So, we might divorce. I wonder if we divorce do I become illegal resident & do I go back to my country because my green card wouldn't be vailed because it's on conditional green card because our marriage is less than a 3 year? So what would happen to me? Do I go back or do they cancel my green card? I have my son with her and I don't want to leave him, but things aren't working out


Asked on 11/16/14, 3:04 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If you are a Conditional Resident, then 90 days prior to the expiration of your CR card, you must file form I-751. If you are divorced at that time, you must request a "waiver of the joint filing requirements". You will then be scheduled for an interview with USCIS. If your waiver is approved, then you will become a U.S. Legal Permanent Resident.If not, you will be subject to Removal.

If you get divorced before you file the I-751, I highly recommend seeking legal representation!

Good luck!

Read more
Answered on 11/16/14, 10:55 am


Related Questions & Answers

More Immigration Law questions and answers in Oregon