Can I get my green card before being married for2 years?

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Can I get my green card before being married for2 years?

I am married an American guy last year. I am from Egypt. I have green card for 2 years only. He cheated on me. Can I get my permanent card if we divorced now?

Asked on October 29, 2011 under Immigration Law, Massachusetts

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Yes, you can get the conditional status of your green card removed on your own, even if you are now divorced, but the burden of proof is upon you (and the burden is heavier) to prove that the marriage was bona fide at the time it was entered into and through the date of the divorce.  In other words, you have to come up with evidence to prove that the marriage was legitimate and was not for immigration benefits only.  If you prevail in that, then you will get the permanent residence card shortly after you submit the petition.


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