GC and pending Divorce

[mama67]

Hi,

I got married in India many years ago and then our family - me, my husband and a kid moved to USA. My husband had an H1B visa and I moved on dependant visa. All of us got our GC through my husband's company - he was the primary and me and the kid got GC thru my husband.

Now after 2 years of having a GC, I am planning to separate from my husband. If I do this, will it affect my GC, since I was the dependant? Will it affect me getting a citizenship after 3 years?

If someone knows, please reply.

thanks for your help,
-MA

[koolvik7]

Sorry to hear that you are thinking of taking such a drastic step….wish you the best dealing with the hardships that you may be facing…

From what I understand in your post, you will be absolutlely fine now with the GC and later when you file for Citizenship (after another 3 years). When one meets the Citizenship eligibility critera (5 year time period in your case), each application is considered solely on its own (in other words your application will be independent of your husbands). You being together with him at the time of Citizenship will not be a criteria to assess your Citizenship application because that mainly applies for the marriage based GCs where the onus is on the applicants to prove that they intended and did stay together after the marriage. Yours is a Employment based (derived) GC and here is what an Immigration Officer will look at:

• You have been married before you came to US, were on a non-immigrant visa and then received GC
• You have have a child
• You have been having a GC holder for the last 2 years
• If you are working full-time and can support yourself, that would be additionally good (its not a requirement at all though)

The only thing that immigration officer can review at the time of interview is whether your or your husband's GC was attained fraudulantly and not if you are with your husband or not.. But for your peace of mind, it is good idea to start collecting as many documents as you can like joint bank accounts documents, pictures, utility bills, and mortgage papers/lease deeds. Please do not worry about your GC and Citizenship at all.. its a clear cut case.

[LucyMO]

since you have had kids together, and have been married for over two years after getting GC through your husband, you will have no problems after the divorce with either your GC or citizenship.

[mama67]

Thank you for those who replied.

There are few other facts which my initial email missed. I came to USA with my family(husband and kid) on a dependant visa, but very soon(a year later), after completing some courses in a university, I started working on an H1B visa - which the same company sponsored me for who sponsored my husband.

While filing for GC, the company made him primary and made me and the kid part of the same application. I am working now in a different company and am fully independent for several years now.

Do I need to take a professional legal opinion as well, or you guys are quite confident about this.

Thanks,

[koolvik7]

Originally Posted by mama67

Thank you for those who replied.

There are few other facts which my initial email missed. I came to USA with my family(husband and kid) on a dependant visa, but very soon(a year later), after completing some courses in a university, I started working on an H1B visa - which the same company sponsored me for who sponsored my husband.

While filing for GC, the company made him primary and made me and the kid part of the same application. I am working now in a different company and am fully independent for several years now.

Do I need to take a professional legal opinion as well, or you guys are quite confident about this.

Thanks,

The new information you provided does not change a thing.

• You were married to the GC Petitioner before your family got the GC
• You have a kid from the marriage
• You had the GC for two years now
• You may have been a dependent on the GC petition, but are independent now, your N-400 (Citizenship) application will be assessed solely on your own eligibility criteria

It is only in the marriage based GCs where the immigration law is biased for the sole benefit of USC as against the applicant. Employment based GCs are for the benefit of the Employers (on whose complaints they can be revoked). Once you got the GC along with your husband, you were provided same rights as him and whole family was the beneficiary. I just do not see any ground where an immigration officer can question as to why you are being separated. In their line of questioning they would like to know how you got the GC, was your marriage bonafide and what is current marital status and that's it. Your divorce cannot be a basis to take any decision on your immigration journey.

Since you have quite some time before you apply for the Citizenship, please keep on checking the Citizenship forum and you will find similar cases supporting your situation.

For the time you do not need to worry about your GC and its up to you if you want to consult an immigration attorney. I am 100% confident in saying that you do not have any issues with your GC or future Citizenship.