My spouse came to USA on immigration based on marriage and initial 2 yrs she had a conditional residency. After 2 yrs she got a regular/perm...

Question

My spouse came to USA on immigration based on marriage and initial 2 yrs she had a conditional residency. After 2 yrs she got a regular/permanent greencard. She is not yet a citizen. We might be considering ourselves for a divorce so if that happens can she still stay here or will have to go back to the country. We are still not sure about a divorce but I just want to make sure if this is the case she goes back and this way I don't have any of her liablility towards the nation. Please let me know. Thanks, CJ

Answer

If your wife has the permanent greencard then you divorcing one another has no affect on her immigration status. Once divorced she is eligible to apply for her Citizenship 4yrs and 9 months from the date of her conditional green card.

Caro kinsella-Immigration Attorney

Answer

She may keep her green card even if you get divorced. Once she becomes a U.S. Citizen, your obligations under the Affidavit of Support, Form I-864 will end. I hope this address your concerns.

Seeta L. Nangia, Esq.

Law Offices of Seeta Nangia

Exclusively Practicing Immigration Law

Phone: (415) 273-9123

Email: [email protected]/* */

Website: www.nangialaw.com