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divorce (Chinese citizen married a US citizen)

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  • divorce (Chinese citizen married a US citizen)

    i am from China and married a US citizen in 2008. i came to the US in November 2009 and now want a divorce. i no longer love my spouse, after living together i feel not compatible with her. if i get my green card then move out and file for divorce, will i be deported ?

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    Re: divorce (Chinese citizen married a US citizen)

    In this it depends upon the type of Green Card you are having when you take divorce. If you are having a unconditional Green Card then at that time you will not be deported. However, if your Green Card is conditional then you might be deported. In conditional Green Card considering all circumstances it will be seen as to the reason of marriage or divorce. If it appears that the reason for marriage is just to get Green Card then you may be deported but on the other hand if the conclusions are that the divorce is because of the hardships and you are not at fault then you may not be deported. As till now you are not having any Green Card, therefore, at the first step you may get a conditional Green Card.
    Following are the defences which may be made to claim waiver from the condition of marriage:
    (1) Good faith marriage ground if your divorce is made;
    (2) Extreme hardship to you in case you are deported back to China; or
    (3) You have suffered extreme cruelty in the form of physical, emotional, or financial abuse from your spouse.
    On same petition USCIS allows a noncitizen to apply for any number of these grounds.



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