divorce, what do I do?

[AmyB58]

Hello everyone, a friend of mine (she is phillipino) was married to a man from the USA in the phillipines. He brought her her and dumped her almost 4 yrs ago. She is still married and has not seen or heard from him in over 4 yrs. She has her green card. How does she go about filing for divorce without losing her green card? She has fell madly in love with someone else but is afraid of deportation. Any help?

[AmyB58]

Hello everyone, a friend of mine (she is phillipino) was married to a man from the USA in the phillipines. He brought her her and dumped her almost 4 yrs ago. She is still married and has not seen or heard from him in over 4 yrs. She has her green card. How does she go about filing for divorce without losing her green card? She has fell madly in love with someone else but is afraid of deportation. Any help?

[dmartmar]

Yeah.

Fall out of love.

[Forvisas]

If she didn't apply for Remove of Condition and did not sustained the interview with her housband, which I think is her case, then she dont have the permanent residency. She must take legall advice.

vizeusa@yahoo.com
www.USImmigrationForAll.com

[sappyconifer]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Forvisas:
If she didn't apply for Remove of Condition and did not sustained the interview with her housband, which I think is her case, then she dont have the permanent residency. She must take legall advice.

vizeusa@yahoo.com
www.USImmigrationForAll.com </div></BLOCKQUOTE>

While could quite possibly be the case, it is not necessarily so. The woman may have been married for more than two years, when she adjusted status and first received her green card, in which case, she may have a ten-year GC already, and is therefore not subject to "removal" of conditions.

[AmyB58]

She has been married to him for amost 5 yrs.

[sappyconifer]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by AmyB58:
She has been married to him for amost 5 yrs. </div></BLOCKQUOTE>
What is or was the expiration date on her green card? Chances are, if she's only been married for just under 5 years, and her US citizen husband disappeared about 4 years ago, that she did have simply a conditional card, which would have expired a long time ago. If that is the case she's been out of status for quite some time. Is the new lover a USC?

[AmyB58]

Her card is unconditional

[dmartmar]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Her card is unconditional. </div></BLOCKQUOTE>

And the love for her new hubby too?

[AmyB58]

Absolutely. She is a very sweet girl and is so scared. She wants to stay here, but is afraid of being deported if she does file for divorce. In her country, divorce is not an option. She loved the man that she was married to, but he didn't come home one day and has never since returned. She did hear that he was living in California with a NEW girlfriend, but just not sure where.

[dmartmar]

And why she's waited so long to not get divorced?

I mean, he left her 4 years ago and even though he broke her heart she still hasn't divorced him?

Is being deported the reason why she's stayed married for so long and is afraid to divorce him?

Is that the reason why he's letting her do it instead, so she can self-deport herself?

[sappyconifer]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by dmartmar:
And why she's waited so long to not get divorced?

I mean, he left her 4 years ago and even though he broke her heart she still hasn't divorced him?

Is being deported the reason why she's stayed married for so long and is afraid to divorce him?

Is that the reason why he's letting her do it instead, so she can self-deport herself? </div></BLOCKQUOTE>

This is a silly line of discussion. The woman has an unconditional green card, and she is free to divorce at any time. Her permanent residency is not at risk, nor is she at risk of deportation, unless there is something that has not been disclosed, relative to the marriage, that could cause USCIS to rescind the decision to award her a green card.

[QT]

Agree with Sappy.
If she indeed has the LPR, then she is free to divorce (and then the question is - why didn't she file for natrln? She was legally married for more than required 3 years)?

Now the problem mught arise when and if she files for naturln. The officer might have questions regarding the dates, such as the date of seprtn/divorce, finances.

Also, not sure how her timing worked:
- he brought her over 4 years ago and dumped her right away, but she managed to get her 10 year Green card by herself, thus misleading the immigration about her family status?
- or, he brought her almost 10 years ago, lived with her for 5 and then left her? Then what's the problem with divorce?

It really doesn't make a lot of sense to me. To be here for almost 10 years, support herself (thus, asuming to have some brains), being afraid to get deported and NOT to seek even a basic information about the laws regarding to her status at least on the USCIS web-site (well, if it is as easy and clean as the author described)? Why?