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  • Please take a minute to read my query...you might be able to help me..

    Hello,

    My husband wants to file for a divorce as soon as we get our GreenCard approval and our passports have been stamped. He does not want to wait till the plastic card arrives. Can you tell me if this would have any negative implications on my permanent resident status? Also, what would happen if my husband were to destroy my plastic card without mailing it to me.
    I would appreciate any inputs regarding my problem and if there is anything else I need to know. It is not a question of living in USA or returning to India, wherever I am I just want to know what lies ahead of me so I can be better prepared to cope with the remainder of my life.

    Thank you

  • #2
    Hello,

    My husband wants to file for a divorce as soon as we get our GreenCard approval and our passports have been stamped. He does not want to wait till the plastic card arrives. Can you tell me if this would have any negative implications on my permanent resident status? Also, what would happen if my husband were to destroy my plastic card without mailing it to me.
    I would appreciate any inputs regarding my problem and if there is anything else I need to know. It is not a question of living in USA or returning to India, wherever I am I just want to know what lies ahead of me so I can be better prepared to cope with the remainder of my life.

    Thank you

    Comment


    • #3
      How long you been married.
      IF you are married less then two years , you will get conditionl GC. IF you stay married for two years then you will have to remove the condition.
      If you get (file) divorce before two years then your GC will be cencelled.
      IF the Plastic is distroyed you can get another one. but if he cencelled it then you have a problem.

      Comment


      • #4
        Thanks for replying Mohan.
        We have been married more than 2 years. Based on your reply I understand that once my passport is stamped I do not have to worry if my plastic card is lost or stolen. And our marital status would not matter either. Is this correct?

        Comment


        • #5
          If you recently got interviewed after filing your papers then you will just get conditional GC for two years. 90 days before 2nd anniversary of your Conditional GC stamp, you will have to file for removal of conditions. Then you will get your permanent GC which is valid for 10 years.
          If you are divorced while you have conditional GC then it can create prolems for you to remove conditions on your GC. You will be eligible to file for removal of condition as a battered woman, if you can prove that your husband was abusive and he left you. In case, your marriage is annuled or it is an uncontested divorce then you will not be able to remove conditions on your GC.
          Good luck.

          Comment


          • #6
            Mohan - you're describing the process for a person married to a USC. From her posting, it sounds like they will BOTH be getting green cards. Is that right? I don't work on Green Cards, though, so I don't know how that changes the situation.

            Comment


            • #7
              IF the both are getting GC and its not on marriage based then there is no condition for two years. in Both cases plastic can be replaced once INS stamped the passport.

              Comment


              • #8
                Thank you everyone for taking time to reply to my question.

                Patti is correct. Neither me nor my husband is a Legal Permanent Resident or US Citizen. He will be getting his Greencard through employment and I will be getting mine through him as his wife and dependent. Ours was a very legitimate marriage of more than 2 years.
                Some peoples opinion is that we could safely start the divorce proceedings once our passports are stamped without waiting for the plastic card to arrive. I basically want to confirm if this is correct.
                Maybe a stupid question but how would I know if it is a conditional Greencard or not?

                Thanks again.

                Comment

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