conditional GC and divorce

[hope1987]

I got my conditional green card in November. Now my spouse and I are not getting along and is threatening divorce. We were together 7 years. Married for 1 year. My question, if we divorce, will my conditional green card be taken away. I'm not interested on applying for the 10 year green card. I rather go back go my home country if we divorce.


Thanks in advance

[tuckin14]

Your green card will remain valid until the end of the two-year period. At that time, if you are legally divorced, you can apply for a 10-year green card with a waiver based on divorce, but you will have to pay a $590 fee. When you do this, it will be automatically extended for one year pending review of your Removal of Conditions petition (I-751). If you are not legally divorced, you will have to file a joint petition with your spouse.

It sounds like your main question is, will you lose your green card immediately on divorce, and the answer is no. If you want time to wrap up your affairs in the USA, you will have until the expiration of the conditional green card, or for $590 you can buy yourself some more time. If you want to delay your decision until you find out if you will be able to reconcile or not, you can likewise do that by applying for the ROC. Your problem will come if the two-year card expires, you are still legally married, and your spouse will not file the petition jointly, or if the $590 is too precious to you to spend. You can always surrender the green card later if you get it, divorce, and then decide to leave.