Legal Question in Immigration Law in California


I am a 30 yr old foreign national and I am a well-educated person, 2 years back I got engaged to my 3-year girlfriend whom is a U.S citizen. we were engaged for more than a year and then we decided to get married. I came to U.S on December 2012 on K1 visa, and I married my fiance 2 months after arrival, and I got my conditional green-card afterwards, we have been living in a communal place (we have had a room in her dad's house) since then and I was hired by a big company with very good salary, and I have been depositing all my salary to our joint account as well. now because of some family issues my wife wants to get divorced from me. she is planing to do the divorce next month.

now I have 4 questions, and I would appreciate if they get answered fully and descriptively, and i am going to hire the lawyer that gives the best answer:

1- the expiration date on my green-card is 2/2/2015; can I still reside in U.S after divorce until end of expiration date?

2- can I travel to other countries while I am on conditional green-card by using my own Iranian passport, and then come back to U.S with my conditional green card before it gets expired?

3- I am planning to file I-715 around 3 months before the expiring of my conditional green-card, based on that I have entered this marriage on good faith and I have many evidences that can prove this fact, and I would be filing it alone because I would be divorced by that time. The question is: would I still be eligible to apply for removal of conditions of my green-card if I go out of U.S for like 2 months and come back to file I-715 to remove the conditions of my green card?

4- If i get a lawyer, would it improve my chances of removing the conditions of my green-card and get a 10 year green-card? if yes, by how many percent it would improve my chance? (I have many evidences to prove that I have entered this marriage in good faith and based on true Love, and the only reason that we are getting divorced is some family issues and I even still love her after being heartbroken, and I will go through extreme hardship if I get deported from U.S).

Asked on 10/04/13, 1:26 pm

1 Answer from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

1. Yes.

2. Yes, but it is better to get a re-entry permit.

3. No. If you no longer are married to the US citizen you will no longer have the legal basis to live in this country.

4. I cannot answer this question due to lack of facts relating to your claim for "extreme hardship. "

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Answered on 10/05/13, 10:55 am

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