Green Card

[wmhurd 0]

I have a coworker that married a guy from Scotland well last August he received his Permanent Resident card and they have to go back in 2 years to have the conditions removed Well she is having second thoughts about the marriage. If she divorces him before the two years are up what will happen

to him

[YuAndDan 153]

As soon as divorce is final he would be able to file I-751 with waiver of the Joint filing requirement, he will need to demonstrate and provide evidence that the marriage was entered into in good faith.

If you were granted conditional resident status through marriage to a U.S. citizen or permanent resident, use this form to petition for the removal of those conditions. If you are still married, the petition should be filed jointly by you and the spouse through whom you obtained conditional status. However, you may apply for a waiver of this joint filing requirement if:

1. You entered the marriage in good faith, but your spouse subsequently died;

2. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;

3. You entered the marriage in good faith and have remained married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse; or

4. The termination of your status and removal would result in extreme hardship.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Note the divorced cr-green-card holder does not need to wait to within 90 days of green-card expiration to file the I-751, they can file it as soon as divorce is final.