ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily

 




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 3 123 LastLast
Results 1 to 10 of 26

Thread: What happens if we get divorce ??? Do I loose my Green Card??

  1. #1
    Guest
    Hello:

    We are married for more than 5 years & I got my green card in August 2002, through my wife who is a naturalized US citizen. We do not have any child togather & seems to have serious problem in our relationship. It is at a point where we may get a divorce anytime. What happens then??
    DO I LOOSE MY GREEN CARD?
    WILL I HAVE LOTS OF PROBLEM WHEN I APPLY FOR CITIZENSHIP?
    CAN SHE DO SOMETHING TO CANCEL MY GREEN CARD?

    I APPRECIATE ADVICE FROM KNOWLEDGEABLE PERSONS.

    THANK YOU.

  2. #2
    Guest
    Hello:

    We are married for more than 5 years & I got my green card in August 2002, through my wife who is a naturalized US citizen. We do not have any child togather & seems to have serious problem in our relationship. It is at a point where we may get a divorce anytime. What happens then??
    DO I LOOSE MY GREEN CARD?
    WILL I HAVE LOTS OF PROBLEM WHEN I APPLY FOR CITIZENSHIP?
    CAN SHE DO SOMETHING TO CANCEL MY GREEN CARD?

    I APPRECIATE ADVICE FROM KNOWLEDGEABLE PERSONS.

    THANK YOU.

  3. #3
    Guest
    Take your question to this web site, they will help:

    http://members.lycos.co.uk/usimmigration

  4. #4
    Guest
    PEACE MAKER

    I HAVE A SIMILAR PROBLEM TO YOURS.
    I MARRIED A NATURALIZED US CITIZEN AND I AM STILL WAITING FOR MY PAPERS.
    THE PROBLEM IS,HE HAS CHANGED QUITE A BIT AFTER WE MARRIED AND MAINLY AFTER HE FILED FOR MY RESIDENCY. I FEEL LIKE I'VE BEEN BLACK MAILED BY HIM SINCE THEN: EVERY TIME WE HAVE AN ARGUMENT OR I SIMPLY DON'T APPROVE OF HIS BEHAVIOR AND ATTITUDES, HE THREATENS TO "CANCEL" MY GREEN CARD.
    UNFORTUNATELY, EVEN IF YOU GET MARRIED TO A US CITIZEN FOR LOVE, IF YOU GET DIVORCED WHITHIN THE 2 FIRST YEARS OF LEGAL RESIDENCY, YOU'LL LOSE IT.
    THAT SOUNDS MORE LIKE A MATTER OF LUCK, THAT IS, MARRYING SOMEONE TRUSTFUL AND HONEST.

    GOOD LUCK!

  5. #5
    Guest
    TO PEACESEEKER:

    It is not clear from your post that whether you have received conditional residency (green card) which is good for 2 yrs only or a permanent residency which is good for indefinitely as long as you will not commit any crimes which are said to be considered under aggreviated felony.

    If your marriage was less then two yrs at the time of your interview then you must have received a conditional green card, and if your marriage was two yrs or more at the time of interview then you must have received permanent residency.

    So, if you have conditional green card, then you need to remove the condition on that before it expires, if you do not then you will be seeking a deportation. In order to remove the condition, you and your wife need to file a application I-751 with the INS service center which has jurisdiction on you, alongwith all the supporting documents(i.e. joint bank accounts, joint tax returns, copies of joint statements from utilities bills or credit cards bills or rent receipts,morgage payments or children' birth certificate if both of you have childeren together, basically to show everything together so you can prove that the marriage is a bonafide marriage and you are still married and living together as a husband- wife). Both of you need to sign that application. Once INS received that application, they will check-up to make sure that everything is right and will send you full permanent residency-green card in the mail.
    But, if you have already received permanent residency at the time of interview, then you do not need to file any other application with INS anymore.Once you are granted permanent residency, getting a divorce would not affect in any way to your permanent residency regardless of (1) who files for the divorce or (2) what are the grounds/basis for divorce or (3) even if you file or get divorce next day after receiving your permanent residency.

    But, make sure that NEVER, NEVER let your marriage to get annulled at any situation no matter what, because if your marriage would get annulled then it means that there was never a valid marriage, that means you were not entiltled to receive a green card on the basis of that marriage at first place, and if INS ever will find out about the annullment of your this marriage either from your wife or thru someone else, or if you ever in the future would apply for any immigration application for anyone or for even youself (naturalization/citzenship), then your permananet residency would be taken away and you will be deported, since any application you will file with INS requires each and every record of your prior marriages and divorces even though that particular application which will being filed at that time has nothing to do with the marriage case because INS always wanted to know about your marital histories. In the case of you, if this marriage would get annulled then INS would assume that you have defrauded them by applying for a green card on the basis of invalid marriage even though you have not in your views. INS will immediately revoke your permanent residency, and will prosecute you for immigration fraud and then you will never ever be allowed to receive the green card thru any other options whatsoeve except thru applying for asylum only.So, it is very, very important that if ever your wife files for annullment, you must need to contest(fight) it in the family court at any cost and do not let get this marriage anuulled, even if you need to hire family law attorney to contest for that. Divorce would not affact you at all.

    But, if you have received a conditional green card and your marriage is falling apart now, and you do think that either of you would not be staying in marriage for the next one and half years more (since you said you were interviewed somewhere on August,2002) then you can be able to have your permananent residency thru one of the options-(1) you need to collect all the documents as many you can, to prove to INS that your marriage is/was a bonafide marriage, so start from now even any pictures you have together or tickets of trip etc. and if ever you file for divorce then make sure that the ground for divorce is that your wife have battered you which means that you have suffered either physical or mental abuse from her since thesedays she is giving you mental abuse anyway, so you are allowed to seek divoce on that ground too. You need to check your state law in respect to divorce matter since i do not know where do you live. And even if you get divorce based on other ground than batterring, you still be able to get p.residency if you can prove that you will face extreme hardship if you were deported and that you were entered into the marriage in good faith and it was not your fault if marriage falls apart apart, i could advise you how to prepare yourself if you have email address.

    Let me know what are your situations right now, i means where do you stand currently among the options i have explained you above, so i can give you the right advise ONLY on that option rather than explaining the all options in details, since i can not explain you everything over here in detail, but i must tell you that you can still be able to have your permananent residency even though you would get divorced, but you should be ready from now to prepare yourself for any kind of situation would be coming ahead. I hope you have found the answer of your request. Good luck.

  6. #6
    Guest
    TO HELPLESS:

    I must tell you that you are completely wrong when you said in your post that "even though you married to us citizen, if you get divorced before 2 yrs then you would not get p. residency or be deported or etc", but that is not true at all. You can still be able to get your green card even if you married only for one day and did not live together as long as you can prove that you entered into the marriage in a good faith, i means not for the purpose of green card only.

    According to your post, it sounds like that yr husband is abusing you mentally and financially ( may be physically also which i do not know at this point) which makes you a perfect applicant for green card under battered spouse law and you do not need him to sponsor you for a green card since under that law you can do that by yourself and you will get full parmanent residency instead of temp one, if approved. You do not need any attorney for that. I can help you if you want to the best of my abilities since i have helped hundred of indivials and have spent yrs in studying immigration laws.

    First of all, you need to gather all the documents as many you can to prove that your marriage is a bonafide marriage. Please read my prior post above which was written for original poster( peacekeeper),which would give you the little idea about how to handle your situation. In your case you do not need to have any conditional or permanent residency to file a battered spouse application and pl. do not wait anymore if you choose to file this battered spouse application(I-360) and you need to move as soon as possible because you need a approval on that application before you receive your interview date on the application package filed by your husband, otherwise you do need to file the application I-485 again which means you need to wait one or more years again to process it and have to spend its filing fee($245) again. But, if you move now, you can be able to use the previously filed same I-485, so do not delay if are thinking that your marriage is falling apart, and you would not be staying in marriage for couples of yrs more since after the temp. green card on the application filed by yr husband, you need to be stayed 2 more yrs in marriage in order to get p. residency. There are other more advise i could provide you in details in yr case based on the laws and my experience if i know which way you specifically wanted to proceed. You can provide me yr email address if you want since it is highly uncomfortable to me to give you legal advise in that much detail on the net over here, you know what i mean. You do not need to continue be stayed anymore in this marriage wherin threats and abuses are going on just because your husband has filed the green card application for you. I am sorry for your situation. I wish you choose the right way whichever is suitable to your situation, and if you need further help, you can contact me. Good luck.

  7. #7
    Guest
    TO PEACEMAKER:

    You must have received a permanent residency at the time of your interview on August,2002, since you have stated in your post that you have been married for 5 yrs.Keep me updated on this pl.

  8. #8

    Question about your post

    I got married and after 1 year and a half my wife apply for me because we got married, but things are not like at the begening, she is mad all the time, she yels at me al the time, every thing i do is not correct for her, some times i am scare of going home because she can be depress or mad for anything, she has a daugther and usually she don't respect me, i don't know what to do, i use to love her but now i am scare of her.

    Any advice?


    Quote Originally Posted by ;130572
    TO HELPLESS:

    I must tell you that you are completely wrong when you said in your post that "even though you married to us citizen, if you get divorced before 2 yrs then you would not get p. residency or be deported or etc", but that is not true at all. You can still be able to get your green card even if you married only for one day and did not live together as long as you can prove that you entered into the marriage in a good faith, i means not for the purpose of green card only.

    According to your post, it sounds like that yr husband is abusing you mentally and financially ( may be physically also which i do not know at this point) which makes you a perfect applicant for green card under battered spouse law and you do not need him to sponsor you for a green card since under that law you can do that by yourself and you will get full parmanent residency instead of temp one, if approved. You do not need any attorney for that. I can help you if you want to the best of my abilities since i have helped hundred of indivials and have spent yrs in studying immigration laws.

    First of all, you need to gather all the documents as many you can to prove that your marriage is a bonafide marriage. Please read my prior post above which was written for original poster( peacekeeper),which would give you the little idea about how to handle your situation. In your case you do not need to have any conditional or permanent residency to file a battered spouse application and pl. do not wait anymore if you choose to file this battered spouse application(I-360) and you need to move as soon as possible because you need a approval on that application before you receive your interview date on the application package filed by your husband, otherwise you do need to file the application I-485 again which means you need to wait one or more years again to process it and have to spend its filing fee($245) again. But, if you move now, you can be able to use the previously filed same I-485, so do not delay if are thinking that your marriage is falling apart, and you would not be staying in marriage for couples of yrs more since after the temp. green card on the application filed by yr husband, you need to be stayed 2 more yrs in marriage in order to get p. residency. There are other more advise i could provide you in details in yr case based on the laws and my experience if i know which way you specifically wanted to proceed. You can provide me yr email address if you want since it is highly uncomfortable to me to give you legal advise in that much detail on the net over here, you know what i mean. You do not need to continue be stayed anymore in this marriage wherin threats and abuses are going on just because your husband has filed the green card application for you. I am sorry for your situation. I wish you choose the right way whichever is suitable to your situation, and if you need further help, you can contact me. Good luck.

  9. #9
    I personally don't think you'd lose your green card. You've been married long enough and got your green card a while back. You're good to divorce, and keep your green card....if I understand your post completely...


    Ability may get you to the top, but it takes character to keep you there.

  10. #10
    Hi, can you help me? I have a similar situation.

Similar Threads

  1. Can I loose a green card?
    By Zandi in forum Immigration Discussion
    Replies: 3
    Last Post: 08-07-2008, 08:10 PM
  2. Green Card Renewal After Divorce
    By memory in forum Immigration Discussion
    Replies: 6
    Last Post: 06-11-2008, 09:58 PM
  3. Green Card and divorce
    By flames in forum Immigration Discussion
    Replies: 3
    Last Post: 08-29-2005, 01:14 PM
  4. conditional green card and divorce?
    By Lithuanian in forum Immigration Discussion
    Replies: 22
    Last Post: 04-27-2004, 01:04 AM
  5. green card/divorce
    By in forum Immigration Discussion
    Replies: 4
    Last Post: 10-11-2002, 05:48 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: