Legal Question in Immigration Law in Florida

I married to a US citizens two years ago. I have gain permanent residence last month, then I moved to another city because I couldn't find a full time job in his city. He has asked to divorce and to pay him USD $20,000 otherwise he will apply in court to cancel my permanent residence. Our marriage is for real, we have been live together more than two years. If we were divorce, will that affect my stay in US?

Asked on 8/27/13, 1:56 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Your husband is trying to extort money from you, which is illegal.

He can go ahead & divorce you, but USCIS is not going to take away your greencard if he leaves you. He has NO power to "cancel" your greencard, so don't let him threaten you!

If you have a "conditional residency", then you must file form I-751 within 90 days of the expiration of your CR card (the date will be on there). You'll most likely be called in for an interview at that time, but it does not mean you will lose your greencard.

Make sure you document all of the problems you are having with your spouse, including all emails, texts, etc.., as you will need that as evidence later on for your I-751.

I also recommend that you seek the assistance of a family law attorney for the divorce proceedings. Make sure your husband does not take advantage of you, which it appears he might.

Good luck.

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Answered on 8/27/13, 6:58 am

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