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

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  • #16
    Originally posted by ;146829
    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.
    It is a good article, explained in detail things that need to be known. You should really register yourself here.
    car vacuum cleaner

    Comment


    • #17
      Whathappened cheeted situation

      Whathappened, what happened?

      I see your post is from 2013 so I am hoping you can tell me how you proceeded. I have similar situation (only I did not cheat) where I think it is best we get divorced as we cannot reconcile our differences before our two years are up but I dont want to affect her, specially since we brought her kids with her. So please advise how to proceed.

      Comment


      • #18
        I've had a good deal of experience with conditional resident status and divorces. I can tell you for a fact that if the marriage began in "good faith" (without fraud in mind), then there is a very good chance that the permanent green card will be granted.
        I wonder how this situation went...?

        --Good luck with everything--
        --Good luck--
        Good luck with your case. I learned the hard way, I hope you don't have to. Immigration is very interesting. Nothing shall be considered as legal advice. All communication is non-expert opinion. http://discuss.ilw.com/core/images/smilies/smile.png{"data-align":"none","data-size":"full","title":"Smile","src":"http:\/\/discuss.ilw.com\/images\/smilies\/smile.png"}http://discuss.ilw.com/core/images/smilies/smile.png

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        • #19
          hi I am in the same situation.
          I got married 2 years ago with a us citizen.
          I am from italy.
          and I moved here few month ago.
          I got my green card 6 month ago.
          The thing is we are having lots of arguments for little things. We don't understand each other and the atmosphere became not good between us. When we got married, everything was awesome and we were so happy but with the time, our relation changed and I was hoping, thing will change after I will move here. But it became worse !
          Now I want to divorce but he took my green card, my ss card and he never open anything together. no joint account, no joint tax, nothing !
          Now I am lost because I have nothing in my hands besides my driving licence and not even one penny!

          I want to keep my green card but I don't know how.

          Can anyone help me please?

          Comment


          • #20
            Originally posted by meera0608 View Post
            hi I am in the same situation.
            I got married 2 years ago with a us citizen.
            I am from italy.
            and I moved here few month ago.
            I got my green card 6 month ago.
            The thing is we are having lots of arguments for little things. We don't understand each other and the atmosphere became not good between us. When we got married, everything was awesome and we were so happy but with the time, our relation changed and I was hoping, thing will change after I will move here. But it became worse !
            Now I want to divorce but he took my green card, my ss card and he never open anything together. no joint account, no joint tax, nothing !
            Now I am lost because I have nothing in my hands besides my driving licence and not even one penny!

            I want to keep my green card but I don't know how.

            Can anyone help me please?
            Your green card and SS card are not his to "take" and not give you. So he basically stole them? You can call the cops but he might say he doesn't know where it is.

            You can always apply to replace a lost or stolen green card or SS card. It costs several hundred dollars to replace a green card though.

            It is important that you try to gather as much evidence as possible as soon as possible about the genuineness of the marriage, for filing Removal of Conditions by yourself after divorce. No specific type of evidence is needed, but you want as much evidence of different kinds you can get.

            This is my personal opinion and is not to be construed as legal advice.

            Comment


            • #21
              Even tho, I call the cops to get my green card and ss card. The gouvernment can take it from me after divorce because I don't have any proof to remove my condition on my green card.
              We don't have any joint proof! We only have a gym membership together. That's it.
              We have been to one holiday together after I moved here. so I have some pictures. That's it.

              So what proof I can find to prouve it was a love mariage ?

              Comment


              • #22
                Originally posted by meera0608 View Post
                Even tho, I call the cops to get my green card and ss card. The gouvernment can take it from me after divorce because I don't have any proof to remove my condition on my green card.
                We don't have any joint proof! We only have a gym membership together. That's it.
                We have been to one holiday together after I moved here. so I have some pictures. That's it.

                So what proof I can find to prouve it was a love mariage ?
                Social Security number, once issued, is yours for life. Nobody will "take away" your permanent residency after divorce. You could lose it if you fail to file for Removal of Conditions, or it is denied. Even if it is denied, you can file it again, or file it with the immigration judge at removal proceedings, so there is more than one chance with it. You will remain a permanent resident until an immigration judge makes a final order removing you.

                It is unfortunate that you don't have much proof of joint accounts, etc., but try the best you can to find any type of evidence. You can also get affidavits from people who knew you when you were married, if you don't have much else.

                This is my personal opinion and is not to be construed as legal advice.

                Comment


                • #23
                  ok I can have the affidavit.... it's a letter, right?

                  We were also at the gym together. but How can i proof that?

                  these are the 2 things I have to proof we were together .

                  Also, I will need a lawyer to help
                  me for my green card after my divorce but I don't have money because my husband never gave me money ! I had to ask him for money when I wanted to buy anything.

                  Do you know who can help me please?

                  thank you very much for everyone's help :-)

                  Comment


                  • #24
                    Very good good interms of information.

                    Comment


                    • #25
                      Hi,
                      I have somewhat of a similar situation in my case i am the naturalized us citizen and i'm the one that wants the divorce we've been married for 5 years and just last year in August my husband recieved his green card but i was told that we still have to be married a couple years after he recieved it in order for him to keep it, is it true? we also have a 5 year old child and we have lots of proof that it was a love marriage.

                      Comment


                      • #26
                        Originally posted by jamo62411 View Post
                        Hi,
                        I have somewhat of a similar situation in my case i am the naturalized us citizen and i'm the one that wants the divorce we've been married for 5 years and just last year in August my husband recieved his green card but i was told that we still have to be married a couple years after he recieved it in order for him to keep it, is it true? we also have a 5 year old child and we have lots of proof that it was a love marriage.
                        As long as the marriage was not fraudulent, it doesn't matter how long you stay married after getting the green card.

                        This is my personal opinion and is not to be construed as legal advice.

                        Comment


                        • #27
                          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.
                          Thanks for a detailed answer!

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