Marriage failed, now what?

[lukefromireland]

Hi,

I married an American in January 2018. Genuinely loved each other. In August 2018 we had our interview and I was approved a 2 year provisional Green Card. After a while it became she didn't want to be married to me anymore. In May 2019 we separated, moved out of our rented apartment, we haven't been in each others lives since then, so I only have evidence of a bonafide marriage to May '19. (bills, photos, etc)

It's now December and she would like to get the divorce started.

Since we didn't make the 2 years on the 2 year green card what chances do I have of staying here? My life is here, I have a good job and friends, I'm happy here.

I thought my marriage would work and my life would be here, do I have a case?

Is there a better forum for this?

Thank you

[newacct]

You would apply for Removal of Conditions on the basis of divorce, either when your marriage is final, or when your 2-year card expires, whichever is sooner. As long as your marriage was bona fide when you got your green card, you should be able to stay here.

[PKumar01]

Yes, you can remove conditions (Form I-765) without your partner as long as you can your marriage was bona fide (i.e. begun without the intention to defraud). Normally someone who has a conditional GC has to file jointly with their partner, but in your case a pending divorce is reason for them to allow you to file separately. If your removal of conditions is granted, you will get a regular GC and you can continue to stay here and work.