Legal Question in Immigration Law in Washington

Will I lose my green card if the unconsummated marriage is dissolved?

My husband and I were electrical engineers. My company applied the green card for me when I was still a single professional engineer in 2002, but I got married in 2005, so the company applied the green card for my husband and added me as a spouse in 2006 because the electronic filing for green card might be faster than my original filing in 2002. We both got the green card in 2007 as a married couple, both electrical engineers. Now, I quitted my job to become a medical student. The marriage doesn't seem to work out because of the unconsummated issue. I want to get divorced, but wonder if I will lose my green card. Will I be able to get the citizenship if I get divorced now? We have been married for 4 years and 2 months. We have the green card for 2.5 years only. Please advice.

Thank you.


Asked on 6/30/09, 1:52 am

2 Answers from Attorneys
Rachel Baskin Rachel Baskin, Attorney at Law

Re: Will I lose my green card if the unconsummated marriage is dissolved?

It is not clear from your post how you received your green card. First you need to clarify that issue. Second, you may still be eligible to keep your green card, but you should speak with an immigration attorney who will be able to advise you better. He/she will need to know how you received your green card, as well as the grounds for divorce (if you are getting divorced now).

Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

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Answered on 6/30/09, 10:43 am
Amir John Showrai The Pacific Law Firm, PLLC

Re: Will I lose my green card if the unconsummated marriage is dissolved?

Given the circumstances you describe, I think your legal status will remain in place if you seek to dissolve your marriage. I practice both family and immigration law, so feel free to seek me out in the event you are ready to proceed and we can start with a no cost telephone consultation.

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Answered on 6/30/09, 11:05 am


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