is there any chance to keep the GC?

[sonechko 1]

hi! i've had my conditional green card for about a month. i've been married for almost 10 months. i want to get an annulment or divorce, just to get out of my unhealthy relationship. it's a long story, i just know that if i stay with him any longer i will go insane or something even worse. and the idea of starting everything all over again in my country is killing me. do u think i have any chance to keep my GC? and if i leave, will i have problem entering US in the future?

[Tygrys 143]

hi! i've had my conditional green card for about a month. i've been married for almost 10 months. i want to get an annulment or divorce, just to get out of my unhealthy relationship. it's a long story, i just know that if i stay with him any longer i will go insane or something even worse. and the idea of starting everything all over again in my country is killing me. do u think i have any chance to keep my GC? and if i leave, will i have problem entering US in the future?

You won't get annulment because you want "just to get out of unhealthy relationship". You file for divorce.

Yes, you have a chance to keep your GC, as long as you are able to prove that the marriage was entered into in good faith. You will need to remove conditions on your GC on your own, immediately after divorce.

Edited May 13, 2012 by Tygrys

[sonechko 1]

You won't get annulment because you want "just to get out of unhealthy relationship". You file for divorce.

Yes, you have a chance to keep your GC, as long as you are able to prove that the marriage was entered into in good faith. You will need to remove conditions on your GC on your own, immediately after divorce.

will i get annulled if i say that my husband was cheating on me after several months of marriage? my life with him is a nightmare, my self-esteem is below 0. it's not that i just don't feel like doing it anymore. thanks for ur response!

[Penguin_ie 5,986]

There are three different issues:

- you will not get an annulment in the USA after 10 months. Cheating is grounds for divorce, not annulment. If you are from the Philipines, make sure HE divorces you, not the other way around. You MAY be able to get an annulment in PI, I do not know the laws there.

- You can more than likely keep your greencard. You will need to show that you entered the marriage in good faith.

- If you move back home, then you will loose your greencard. Not because of the divorce, because you no longer reside in the USA, and the grencard is more accurately the Permanent Residency card, ie for people living here. You could possibly apply for a toruist visa.

[Sandra G. 5,016]

As many people said if you are able to prove you had a genuine marriage you have a chance to renew your green card. You said he is cheating on you and .i assume he didnt start cheating just one months ago the question they may have why are you filing the divorce Just after receiving the green card and not before? . Gather all evidences of a bonafide marriage such statement of bank joint account, Irs transcript filed jointly, utilities bill in name of both, lease agreement, health insurance and affidavits from friends stating the marriage was genuine. Good luck.