Divorce on Temp GC

[lallitha11]

Hi,
My sister is married to an American citizen (Indian who is born here).She came to the US on a k3 visa and then attained a Temporary Green Card.
Later on coming here, she found the guy has bipolar disorder and finally decided to move out of the marriage as they do not carry any marital relationship too. Now she is working and living seperately. So what would be the process to apply for a divorce and continue with the GC?The husband and his whole family are on good terms with my sister. She does not want to go back to India and continue to have her GC. Her k3 visa expires by Dec 2009. 90 days prior to the expiration, she needs to go with her husband and renew it for 10 yrs.
Anyone pls help how to proceed about this.

[txh1b]

She would be better if she can get the conditions removed after 2 years of marriage and then go through separation if that is what they both decide to do.

[lallitha11]

thanks for your reply.
She is already married for 2 yrs now.
She got married in June, 2006. Entered the US in June 2007
Got her temporary GC on Dec 20, 2007 and it is valid till dec 2009
So, does she need to live together till she gets the perm GC or can she get a divorce before that?

[Joann]

Yes that would be the best thing to do. Because if they separate or divorce now she will have to prove that she was not just getting married for GC. Even though she has been married for more than 2years it doesn.t matter. The two years that the conditions can be removed is 90 days before the greencard expires and its good if she does it with her husband.


Note. I am suprised that she is divorcing him because of bipolar. The marriage vows mean that people should be there for one another through thick and thin. (Just a comment)

[lallitha11]

Thank you for your time

Note: It's not just bipolar alone, many other issues with the guy which I cannot discuss in public forums.