Question:

If i divorce an uncoditional permanent resident, does she lose her status?if so how does this affect me?

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If i divorce an uncoditional permanent resident, does she lose her status?if so how does this affect me?

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  1. Once the conditional is removed then she is a permanent resident. If you divorce her she does not loose anything just you. You are not affected by anything except what the divorce decrees.


  2. If you divorce within the first two years - then you may be liable for jail as it will be assumed that you KNEW it was a fraudulent marriage. You have to prove that you knew nothing about their intentions.

    America now has the policy where you are GUILTY until proven innocent.

  3. If she is a legal permanent resident, you will still be liable for her support under the affidavit you signed even if you divorce.

    The only way an affidavit of support can be cancelled is if she committed fraud and only married you for immigration benefits -- and you did NOT know about it until after the marriage or found out about that during the divorce proceedings.

    If a marriage is dissolved too soon after one party immigrates, there can be a presumption of marriage fraud, in which case she will lose her status and have to leave, or she'll be deported and barred.  If you uncover marriage fraud or immigration fraud on her part, report it to ICE and demand that your affidavit of support be cancelled.

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