Permanent Residence & Divorce

M

missdoodle

New Member
Here's the background -

I sponsored my soon to be ex-husband for his green card several years ago. At the time, because we had been married for over 2 years, he received his 10 year permanent residence. In the last year we have separated & I will be filing for divorce. Meanwhile, despite my urging over the years, he never started the process for naturalization. His permanent residency expires in a month or two.

Here are my questions -

1)How will our divorce affect his permanent residency if he applies for a renewal?
2)What happens if he doesn't apply for a renewal of his permanent residency? (In all likelihood, he won't re-apply. He has always relied upon me to take care of everything & has not even maintained auto insurance during our separation).

Thanks for any guidance.
 
missdoodle said:
Here's the background -

I sponsored my soon to be ex-husband for his green card several years ago. At the time, because we had been married for over 2 years, he received his 10 year permanent residence. In the last year we have separated & I will be filing for divorce. Meanwhile, despite my urging over the years, he never started the process for naturalization. His permanent residency expires in a month or two.

Here are my questions -

1)How will our divorce affect his permanent residency if he applies for a renewal?
2)What happens if he doesn't apply for a renewal of his permanent residency? (In all likelihood, he won't re-apply. He has always relied upon me to take care of everything & has not even maintained auto insurance during our separation).

Thanks for any guidance.
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Since he has the unconditional green card, he is fine as far as immigration is concerned. He will NOT be illegal or out of status just because the green card expired ... he can renew it anytime.

Looks like you got a lazy (ex)husband :)
 
Thanks for a quick answer ksam. So I can go ahead with divorce proceedings and not feel guilty that I may put his residency at risk. And yes, I did have a lazy husband & am thankful to be rid of him & moving on. :) I just hope he doesn't try to cause me any problems with moving on with our children.
 
ksam said:
Since he has the unconditional green card, he is fine as far as immigration is concerned. He will NOT be illegal or out of status just because the green card expired ... he can renew it anytime.

Looks like you got a lazy (ex)husband :)
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I don't think so coz if your unconditional greencard expires and you dint take any action in renewing it, you'll be out of status and back to step 1 in getting a GC.

If one does not take care of his/her status here in the US, immigration removal proceedings will be issued.
 
If all he got is conditional greencard which will expire in two yrs then he will go back to square one. If he got the 10 yr greencard then he can renew it anytime before it will expire.
 
iamthegreatest said:
I don't think so coz if your unconditional greencard expires and you dint take any action in renewing it, you'll be out of status and back to step 1 in getting a GC.

If one does not take care of his/her status here in the US, immigration removal proceedings will be issued.
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It is a misdemeanor to not have a valid green card if any law enforcement officer asks to see it ... BUT the stay in the US will not be illegal or out of status after expiration of green card and they are not going to put him in removal proceedings just for not renewing ... please don't scare people with wrong info. He should file the renewal application though. If he has any brushes with the law in the past then its a whole different story.

http://www.uscis.gov/portal/site/us...nnel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD

Having said that .... the OP probably have a vested interest in him having around because of kids even though they are divorcing...
 
ksam said:
It is a misdemeanor to not have a valid green card if any law enforcement officer asks to see it ... BUT the stay in the US will not be illegal or out of status after expiration of green card and they are not going to put him in removal proceedings just for not renewing ... please don't scare people with wrong info. He should file the renewal application though. If he has any brushes with the law in the past then its a whole different story.

http://www.uscis.gov/portal/site/us...nnel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD

Having said that .... the OP probably have a vested interest in him having around because of kids even though they are divorcing...
Click to expand...

Excuse me but I'm not trying to scare people here.

So what do u call a person that has his GC expired btw?

So if I had my 10yr GC expired and I dint start the process of my naturalization nor the process of my Gc renewal, I wont be in trouble with the immigration?
 
Last edited by a moderator:
iamthegreatest said:
I don't think so coz if your unconditional greencard expires and you dint take any action in renewing it, you'll be out of status and back to step 1 in getting a GC.

If one does not take care of his/her status here in the US, immigration removal proceedings will be issued.
Click to expand...

The information written by this poster is incorrect.
 
iamthegreatest said:
Excuse me but I'm not trying to scare people here.

So what do u call a person that has his GC expired btw?

So if I had my 10yr GC expired and I dint start the process of my naturalization nor the process of my Gc renewal, I wont be in trouble with the immigration?
Click to expand...

Your GC only expires, not your status. You are still deemed a LPR...
 
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