Question about divorce after green card receipt

M

mayakukla

Registered Users (C)
I am a US citizen and my wife just got approved for her conditional two year green card.

She now wants to leave me because of relationship problems. I am devastated right now, but this is not the point in this thread. I am not abusive or any such thing. I wanted to go counseling and she refused.

What will be the consequences for her if I file for divorce now?

Will USCIS keep her green card as valid for two years, or will she somehow get a notice to appear?

Will she get her permanent GC if she files a I-751 by herself? Our split happened 30 days from her approval. And divorce will probably be finalized 3-4 months from now.
 
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Your divorce doesn't do anything to her Conditional green card right now. However, when she files i-751 to remove conditions she will have to prove that marriage was bonafide and nobody can tell whether she will be able to do that.
 
banano1842 said:
Your divorce doesn't do anything to her Conditional green card right now. However, when she files i-751 to remove conditions she will have to prove that marriage was bonafide and nobody can tell whether she will be able to do that.
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thanks for the help. When she goes to prove that in 2 years, what is her burden of proof?

She will have no proof of any life together from now till the two year mark. We got married last year and have been married for a year, and she got approved for the GC May 8th.
 
If she'll be able to prove bonafida marriage for that year you've been together she'll be able to remove conditions.
 
The CIS is only interested to know if she got married in good faith, and reasons of the divorce is not their problem, divorces are usual. They want to see documents to prove good faith in order to remove her conditions. Her immigration problem after she divorces you is hers, not yours. If you feel that she got married for the wrong reasons you can always write to your local office about it, if not why not help her out by making an affidavit validating your good faith marriage.
 
Divorcing Sponsored Wife W/ Conditional Gc - Responsibilities!?

My wife has entered US in 2000 on tourist visa and overstayed for 7 years illegally. I'm a US citizen, married her 11/08, went to interview 04/09 she got temporary GC and literally couple of weeks later I've learned the she went on vacation with her x-boyfriend for 4 days while telling me she had a baby-sitting job....nice, right? We didn't even go on our honeymoon and I get this -Soooo - our further union is out of the question and I'm filing for divorce as no family will ever happen neither I want to be responsible for this person after what happen.

The question is how will my divorce affect my responsibility for her because of beneficiary paperwork I've signed and what are her options will be?

She says she ends the GC, but from this point I don't see us staying married as it will look as fraud and I can end up in jail and all those astronomical fines, so I don't want to lie the government just to cover her removal of conditions....def not doing that for 2 more years, not filing taxes,nothing together,

I understand she can have my last name until her temp GC expires in two years, re-marry or whatever, but I want no business with this person anymore ever.
 
Mayakukla,
All I know is at the time of removal of conditions (I 751 waiver)which she can apply the next day she receives the final divorce decree if she is called for an interview or during the I 751 process they look at the time of actual separation legal or physical and I think that will be included in the divorce decree.
and they realize that at the actual time of initial interview u were separated would put you under fraud category and she will most probably be deported because u attended the interview of initial green card on false grounds.
Now if the separation were after she received the card and she can prove that at the time of wedding it was entered into good faith she will most probably get her permamnet residency you will be surprised to see in some other forums it takes quicker these days for divorce applicants then regular applicants I know strange are the ways of USCIS
 
hi

Nothing happens, she is actually a permanent resident as the AOS is approved and she has her conditional green card. She can remove the conditions on her own as long as she gets a decree. The sponsorship is now in place and you cannot do anything to change it.
I am sorry maya, divorce your wife and sort your life without thinking about her immigration.
 
Andrex said:
My wife has entered US in 2000 on tourist visa and overstayed for 7 years illegally. I'm a US citizen, married her 11/08, went to interview 04/09 she got temporary GC and literally couple of weeks later I've learned the she went on vacation with her x-boyfriend for 4 days while telling me she had a baby-sitting job....nice, right? We didn't even go on our honeymoon and I get this -Soooo - our further union is out of the question and I'm filing for divorce as no family will ever happen neither I want to be responsible for this person after what happen.

The question is how will my divorce affect my responsibility for her because of beneficiary paperwork I've signed and what are her options will be?

She says she ends the GC, but from this point I don't see us staying married as it will look as fraud and I can end up in jail and all those astronomical fines, so I don't want to lie the government just to cover her removal of conditions....def not doing that for 2 more years, not filing taxes,nothing together,

I understand she can have my last name until her temp GC expires in two years, re-marry or whatever, but I want no business with this person anymore ever.
Click to expand...

She has the conditional green card and after a divorce she can remove conditions by herself. There is no need to lie and as you say cover her. She can file a waiver and you can testify that youll did get married on good faith.
 
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