Any way to retain Green Card if divorced?

[ImmigAttyLana]

I am not sure what exactly he meant by good faith waiver (he probably meant that in the I-751 context) but you can certainly submit whatever documentation and affidavits before she is even ready to submit that form so that your side can be on the record before she even knows what happened. Yes, she would need to be divorced in order to be able to file that. Typically, the I-751 is filed within 90 days of the 2 year anniversary of the grant of permanent resident status but if there is a divorce before that, the I-751 can be filed at that time as well.

 

[evcalyptos]

He suggested waiting until she returns to America. .

I'd suggest you do some more research on the issues Lana raised. There are fairly well-known routes that some FSU women will use for a GC fraud and you've already identified several red flags. If you see her again in person, you may find yourself receiveing a restraining order for domestic violence.

It is very sad, but I agree that you need to set your feelings aside and do some thinking with your head only. If the facts bear out a fraud, you'll know. If you just have an unusual relationship and you're both willing to work with it, you'll find that out too.

 

[RobertG]

Thank you. That's what I thought.

I will prepare the filing with the lawyer and then we will see where she takes us. I'm assuming that if we were to file the documents and then, by some miracle, my wife and I work things out, those filings will haunt us later when she tries to make the green card permanent, or even if she tries to travel again. I really regret having to do this, and I do love her inspite of the problems we've had, but only she will be able to stop it. If the day comes when I have to call the lawyer and instruct him to submit the case to USCIS, it will truly be the most horrible day in my life and the hardest decision I will have ever had to make.