What You Really Want to Know | Episode #8 | I have a Conditional Green Card but I am no longer with my USC Spouse, will I lose it?
Transcript: Hi, I am Attorney Shaffer. Today on “What You Really Want To Know,” we answer the question, “I have a Conditional Green Card but I am no longer with my U.S. Citizen Spouse, will I lose my Green Card?”
The short answer is, It depends.
If you have a Conditional Green Card based on your marriage to a U.S. Citizen, that means that your Green Card is only valid for 2 years. So, within 90-days of the expiration date, you and your spouse must file a Joint Petition to Remove the Conditions on your Green Card. This is known as the I-751 petition. If the petition is approved, your “conditions” will be removed making you a full Permanent Resident and you will then receive a 10-Year Green Card.
But what happens if you are no longer with your spouse?
Unfortunately, “till death to us part” is not always the case, and it is a reality that is also recognized by immigration because many married couples do not make it to their 2-year anniversary. The good news is, there are a few exceptions that allow you to self-petition for your 10-Year Green Card, provided that your marriage is real. Even though your spouse will not be filing with you, you still have to show Immigration that you and your spouse continued to share a life together as a married couple since you received your 2-Year Green Card.
Once you prove that you entered into a bona fide marriage, you are also going to need to prove that either your U.S. Citizen Spouse:
2. was abusive to you or your child, or;
3. that you are now officially divorced.
Whether you file alone or with your spouse, you will be required to appear for another interview with immigration. Like your first marriage interview, you will have to prove to the officer that you entered into the marriage in good faith. And this is going to prove even tougher if you file without your spouse and if your I-751 petition is denied, you will most likely end up in Removal/ Deportation Proceedings.
That is also for this episode of “What You Really Want To Know.” Thanks for watching!
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