I want to cancel my conditional green card and transfer myself to OPT or H1-B

Immigration 2 views 3 answers
I am having my PhD in August 2012 (now it is July 2012) and already got a job starting from September 2012 in California. I just got my conditional green card on the basis of my wife being US citizen (end of June 2012). I am now having issues with my wife and I believe cancelling my green card and taking the usual (and longer) way of other F-1 students (OPT and H1-B) will be a better idea. Is it possible to do so? If so, how? What are the time constraints? My company in California sponsors H1-B and green card processing. I am married for 20 months.

Attorney Answers

3
Deborah Lynne KarapetianImmigration AttorneyGlendale, CA ·
This is difficult and will only be accomplished by you leaving the Us and reentering the us on a student visa, which will almos be impossible while married to a citizen.
0 upvotes
Christina Murdoch ·
You should understand that you don't have to continue in your marriage to your wife to get the conditions removed on your green card. You can still get the conditions removed if you are divorced so long as you can prove you married your wife in good faith. And if you are divorced you may file the application to remove the conditions by yourself without needing your wife's signature. You should definitely discuss this in more detail with a good immigration lawyer before you make a decision to abandon your residence and try to return as a nonimmigrant. I think that's likely unnecessary and that you will probably be able to keep your conditional residency and ultimately remove the conditions on your residence even if your marriage breaks down.
0 upvotes
J Ferrari ·
I agree with my colleagues.
0 upvotes

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