Question:
我的临时婚姻緑卡还有两个月就到期了，准备申请正式緑卡了。但我现在的问题是我和老公正在办理离婚，我打算自己申请办理緑卡转正。我知道会有一定的难度，但我的婚姻是真实的，且能够提供一些婚姻证据。（实在是婚姻无法维持下去了）我的问题是：在我离婚被判决下来之前，（我想会需要一段时间的）我自己申请转正式时，是否需要申请工作许可，还是緑卡自动延期一年。（我想公司的人事部门很快会找我要这方面的材料的）。
如果离婚因财产纠葛持续两三年，是否每年都要申请工作许可或緑卡延期手续？还是我完全就不能工作了？（我的意思是说移民局是否只有等我的离婚结果后，才能办理我的申请是批还是不批？）急切盼望您的答复。先谢谢了。
Answer: Your divorce will affect your status as a conditional permanent resident, and your divorce terminates your conditional permanent residence. Therefore, if you have to divorce, you should obtain a waiver of this kind of termination.
A waiver of the termination is granted to the alien if the alien can show that the marriage was a union in good faith, and the alien was not at fault for his/her failure to file the joint petition to remove the condition. Therefore, if you can show that the marriage was entered into in good faith, and it is not your fault for failing to file a joint petition, you can obtain a waiver of your conditional permanent residence termination, and can apply to remove the conditional permanent residence without your ex-husband's signature.
If you are still married, the petition should be filed jointly byyou and the spouse through whom you obtained conditionalstatus. However, you may apply for a waiver of this jointfiling requirement if:
1) You entered the marriage in good faith, but your spouse subsequently died;
2) You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;
3) You entered the marriage in good faith and have remained married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse; or
4) The termination of your status and removal would result in extreme hardship.
Victor
