Divorcing before 2 years

[catcatcat]

Hi,

I need help from this community!
My wife wants to divorce with me as things don't work out each other at all, and this marriage is really hard for me and I am getting to the point too.

But I am really worried how I can keep my permanent residency as it's been only 2 months since I got the conditional green card, which means we still have 22 months before conditions can be removed by a normal process.

I googled and now I know it is still possible not to lose my green card if I can prove our marriage is bona fide with I-751.
But the websites I saw say it is not so easy to get an approval, even if the marriage itself is bona fide.

Our marriage is of course real. I can submit evidences we have (which were ok for getting my I-485 approved), but still they won't look great as it has been only 2 months, and our marriage itself is less than a year.

What is the chance of getting my I-751 approved if I got divorced?
Do people in this situation commonly fail to get an approval?
Does hiring an immigration lawyer does help to get this through?
I'm really worried.

Thank you

[rayb]

Cat Guy,

An I-751 approval is possible for a divorced status if:
1. You provide significant evidence of cohabitation and commingling of financial affairs for the time you were together during marriage.
2. You also provide proof that attempts were made to keep the marriage intact, with proof of counselling, character affidavits from friends who can verify the legitimacy of your relationship.

What can work against an approval are:
1. A short term marriage, i.e., living together for only a few months.
2. If the divorce is initiated by you, rather than your petitioner/spouse.

--Ray B

Hi,

I need help from this community!
My wife wants to divorce with me as things don't work out each other at all, and this marriage is really hard for me and I am getting to the point too.

But I am really worried how I can keep my permanent residency as it's been only 2 months since I got the conditional green card, which means we still have 22 months before conditions can be removed by a normal process.

I googled and now I know it is still possible not to lose my green card if I can prove our marriage is bona fide with I-751.
But the websites I saw say it is not so easy to get an approval, even if the marriage itself is bona fide.

Our marriage is of course real. I can submit evidences we have (which were ok for getting my I-485 approved), but still they won't look great as it has been only 2 months, and our marriage itself is less than a year.

What is the chance of getting my I-751 approved if I got divorced?
Do people in this situation commonly fail to get an approval?
Does hiring an immigration lawyer does help to get this through?
I'm really worried.

Thank you

[catcatcat]

Hi Ray b,

Thank you for your comments.

So let's say our marriage is exact 1 year, living together for 1.5 year including the days before the marriage, and the divorce is initiated by my spouse.
And evidence I have is just like something average couples with no child have, which means not great, but not poor. (but not marriage counseling)

In this situation, is it common to be able to get an approval?
Or is it still challenging in general?

I know each case is different, but I would like to get some idea like what the level of challenge is before actually taking any actions.

Thank you

[rayb]

If you have good proof, personal and third party, that you had a good relationship, shared affairs, and took steps to keep the relationship intact (proof of counselling), you have a good chance of approval.

--Ray B

Hi Ray b,

Thank you for your comments.

So let's say our marriage is exact 1 year, living together for 1.5 year including the days before the marriage, and the divorce is initiated by my spouse.
And evidence I have is just like something average couples with no child have, which means not great, but not poor. (but not marriage counseling)

In this situation, is it common to be able to get an approval?
Or is it still challenging in general?

I know each case is different, but I would like to get some idea like what the level of challenge is before actually taking any actions.

Thank you