Can I still get a 10 yr green card and US citizenship even if I get divorce?

I received a private message on Facebook the members of Visaapproved group. Many people seek advice and talk to me when it comes to personal matters. Many of them that I met came in the United States under a k1 fiance visa. In a k1 fiance visa, the condition is to get married within 90 days. If the k1 fiance visa holder decides not get married then he/she has to go back to his/her home country. Below is the message of a k1 visa holder.

Sender:Ann

Hello, I arrived in the United States in year 2015 under a k1 visa. My husband threatened me that I will not get a 10 year green card if I get divorced. I just received my 2 year conditional green card last December 2015. I just got a job. Our marriage is not going well and is already arguing about money. I don’t think this marriage will last. Can I proceed on getting my 10 year green card and US citizenship even if I get divorce?

ANSWER: Yes you can! In I751 instructions, if your marriage was entered “in good faith” but the marriage was later on terminated you can proceed in removing the conditions of your 10 year green card on your own. With or without your spouse you can file. All you need to do is to prove that your marriage was real. You prove that by showing evidence of your marriage. You also need to a letter stating that your marriage did not work and the reasons why. USCIS will investigate your case so make sure the reason for divorce is valid. For example, you cannot say something like “I wanted a divorce because I am already in the US and don’t need him any more”. You will probably not get a green card because your marriage was not “in good faith”. If you say something like, “We filed for divorce due to irreconcilable difference and we could not work out major issues” and explain the issues then that is a valid reason.

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