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  • Spouse is threatening bankruptcy

    Hello - I hope someone can help me here. I have a green card - and had the provisional status removed so I am applying for my permanent residency. The problem is that my spouse, a US Citizen, is trying to file for bankruptcy with the intention of having my permanent USC application denied and I will be deported. We have a child together and I am starting the legal separation/divorce process.

    Is there anything associated with getting divorced after 5 years of marriage - having a child, etc. that could get me deported? Like I mentioned - I have done everything properly to obtain a green card - got my provisional status removed and want to become a permanent US citizen. I don't understand how my spouse thinks the bankruptcy will get me deported.

  • #2
    Hello - I hope someone can help me here. I have a green card - and had the provisional status removed so I am applying for my permanent residency. The problem is that my spouse, a US Citizen, is trying to file for bankruptcy with the intention of having my permanent USC application denied and I will be deported. We have a child together and I am starting the legal separation/divorce process.

    Is there anything associated with getting divorced after 5 years of marriage - having a child, etc. that could get me deported? Like I mentioned - I have done everything properly to obtain a green card - got my provisional status removed and want to become a permanent US citizen. I don't understand how my spouse thinks the bankruptcy will get me deported.

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    • #3
      I think you are confused here. If you have removed conditions on your PR then you already have the so-called "10yr card" not the old 2yr one.

      If this is correct, his or her bankruptcy will not affect your current PR status nor will it affect Citizenship if you decide to do that later.

      The only thing it might do is put you on the hook for child support and/or spousal support since (I assume) you are working and have an income when they don't.
      "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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      • #4
        You are correct. I already have the "10 yr card" - what I want to apply for permanent USC. Essentially I'm wondering if my divorce turns nasty (which it has) - is there anything my soon-to-be ex-spouse can do to keep me from obtaining permanent citizenship.

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        • #5
          You are now safe.

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          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by CHSSCJCW:
            You are correct. I already have the "10 yr card" - what I want to apply for permanent USC. Essentially I'm wondering if my divorce turns nasty (which it has) - is there anything my soon-to-be ex-spouse can do to keep me from obtaining permanent citizenship. </div></BLOCKQUOTE>

            Only if you're applying under the 3 year rule for those who got their green card through marriage. For that, you still need to be married and living to the sponsoring spouse. If you've gone over 5 years however, there is nothing he can do.
            **************************************
            The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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