Announcement

Collapse
No announcement yet.

Ten years card question

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Ten years card question

    I've been married for six years to a US citizen, we have one child, a daughter. I have my ten years card for two years now, it expires 2017. I wanted to ask: if such a couple falls out, and divorces, is it possible for a US spouse to deport the foreign ex? For example, to write to somewhere and say that the marriage was not real or something like this? Please, help.

  • #2
    I've been married for six years to a US citizen, we have one child, a daughter. I have my ten years card for two years now, it expires 2017. I wanted to ask: if such a couple falls out, and divorces, is it possible for a US spouse to deport the foreign ex? For example, to write to somewhere and say that the marriage was not real or something like this? Please, help.

    Comment


    • #3
      Hi Here,

      Welcome. It is possible for a spouse to try and convince USCIS the marriage wasn't real, but they would also be incriminating themselves. By receiving the permanent residence card, you and your spouse have already proven to USCIS your marriage was legitimate. So, I would say your green card status is not in jeopardy.

      Maybe others will jump in if I am wrong. Good luck!

      Comment


      • #4
        thank you.

        Comment


        • #5
          I am just worried, and I think that it's somehow possible, I head about such a case, but I do not know if it's true. I was told it's something new in legislation.

          Comment


          • #6
            He or she will need alot of proof to show you entered the marriage fraudulently at this point. You have the permanent residence card based on marriage to her or him, correct? Then you guys had to prove the marriage was real before receiving the card.

            As long as you have remained in good status with no criminal activity, you should be okay. Why do you suspect he or she will try to do this?

            Comment


            • #7
              Unless you had lied in your application for PR (old crime not reported etc) or you had a trial separation before approval of the I-751 (if you did that) or anything that might cast doubt on the validity of your marriage (with substantial proof) prior to getting the 10 yr card, then there's really nothing the USC spouse can do. As Proud said it would implicate them too.

              Depending on when you got your original PR card, you will be eligible for Citizenship in either 3yrs if still married to the USC or 5yrs if not.
              "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

              Comment


              • #8
                thank you for help, you are very helpful. About why - it's rather
                private. But I heard about this person, they came to the US on a
                fiance visa. The spouse fixed their papers several times when
                applying for the first two years card - "forgot" to send this or
                that. So, the non-US spouse received the first card after four
                years... but for ten years. They had a child, lived together, then
                the US spouse managed somehow to deport the non-US via divorce, mainly due to financial considerations, plus malice. I know these persons, so it's somehow possible, then? I tried looking on-line, but it gives me only cases of people who overstayed when I look up "deportation" or whose cases where refuse, when I couple it with "green card" and "ten years" the search engine ignores absolutely. I want to know how it's done. I gathered, too, that it was not that difficult.

                Comment


                • #9
                  Please see Brit's reply as he expounded on what I already told you. If everything in your case was on the up and up from the start, you should be okay.

                  Comment


                  • #10
                    What had happened to that couple most likely was they failed to marry within the 90 day time-frame as required by law on the K1 visa and/or never filed AoS until very late. Either case would likely be an automatic denial.

                    I highly doubt it had anything to do with the USC doing or saying anything to the USCIS.

                    Did you file I-751 or were you already married and lived outside the US for a few years before coming over here?
                    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                    Comment


                    • #11
                      Read this, Here. This may help relieve your worries.


                      This is the excerpt I wanted you to read:

                      Will a divorce affect an alien's immigration status after he or she has obtained unconditional permanent residency?

                      Divorce does not adversely affect an alien's immigration status after the alien obtains permanent residence unconditionally. The only effect divorce may have on an alien at this stage is that it may delay the alien in obtaining citizenship. If a permanent resident is married to a U.S. citizen, he has a three-year residency requirement for U.S. citizenship as opposed to a five-year residency requirement. In order to benefit from the shorter residency requirement, the alien must be married to the U.S. citizen for at least three years before the exam date. Therefore, if the alien is divorced before being married to a U.S. citizen for at least three years before his exam date, and he has not been a permanent resident for five years, he will then have to wait until he has been a permanent resident for five years before he is eligible to apply for U.S. citizenship.

                      Comment


                      • #12
                        We married abroad, lived there for one year, then moved to the US.
                        I did nothing wrong, only they lost my biometric appointment, and I
                        had to reapply for the I-751.
                        The story of the couple: I think that the US spouse failed on
                        purpose, to claim later on that the marriage was not stable. So,
                        perhaps, it can be claimed that mine was not stable, since we
                        reapplied? But we were ok all the time.

                        Comment


                        • #13
                          No, if your I-751 was approved and you got your 10-year card, you already passed the test.

                          Comment


                          • #14
                            Don't worry, you have sneaked through the system. However, if a former spouse does present the USCIS and ICE with evidence that you obtained your residency through fraud, in this case a marriage that was not bonifide, you still can loose your residency and even citizenship. So, keep the ex happy with lots of alimony payments.

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by federale86:
                              Don't worry, you have sneaked through the system. However, if a former spouse does present the USCIS and ICE with evidence that you obtained your residency through fraud, in this case a marriage that was not bonifide, you still can loose your residency and even citizenship. So, keep the ex happy with lots of alimony payments. </div></BLOCKQUOTE>

                              In this scenario, the ex will also be responsible because the OP was already awarded the permanent residency. USC has responsibility to tell the truth too, you know.

                              Comment



                              Working...
                              X