I am a US Citizen and my wife is on a Visa. If my wife files for a divorce, does she automatically get Green Card even though i have not filed for her green card and there is no convictions against me and if i am not the one who files for divorce?
Answer
As the U.S. citizen spouse, you would have to file the I-130 petition. If you do not file it & you get divorced, she cannot get a greencard through you. However, that does not mean she cannot get a greencard through other forms of eligibility.
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