Divorce after getting GC?

M

m&f

Registered Users (C)
Sorry I abandoned this site for quite a while... you guys are always so helpful... Finally after two years of living separated (but filing taxes together and getting my mail in his place) I got a Permanent Resident card... I am so thrilled... but I am also worried because he started divorce process (I mean, I really want to divorce him but couldn't do it because of the papers...)

1. Should I now call USCIS and report my change of address? and ongoing divorce? Can they cancel my GC?
2. will they be mad with me because we are divorcing as soon as the GC came?
3. Can they deport me? or will this affect my future citizenship application?
4. Is it better for the USCIS people if I am the plaintiff for divorce instead of the defendant???

We really married in love like many other couples but things got nasty and even violent... physical separation has been the best for both and he was kind enough to wait for me to get the GC... and I was kind enough not to call 911 or go to women's services... now we are kindda good friends...
If any of my questions represents a problem can you suggest me a good lawyer in NYC?

Thanks
 
Staying married just to get GC? Sounds like abuse of the system to me. Don't be surprised if USCIS sees it that way too.

Probably your only hope of successfully petitioning for removal of conditions is to prove you were a battered spouse... and thats going to be difficult since there were no police reports etc.
 
m&f said:
1. Should I now call USCIS and report my change of address? and ongoing divorce? Can they cancel my GC? Did you receive a conditional GC (expires in 2 years) or an unconditional one (expires in 10 years)
2. will they be mad with me because we are divorcing as soon as the GC came? It will be VERY suspicious and it will come up either when you remove conditions (if the GC is conditional) or when you apply for citizenship
3. Can they deport me? or will this affect my future citizenship application? For marriage fraud? you can bet your greencard they will deport you! and you can forget about citizenship too.
4. Is it better for the USCIS people if I am the plaintiff for divorce instead of the defendant??? It doesn't matter all that much.

We really married in love like many other couples but things got nasty and even violent... physical separation has been the best for both and he was kind enough to wait for me to get the GC... and I was kind enough not to call 911 or go to women's services... now we are kindda good friends...
If any of my questions represents a problem can you suggest me a good lawyer in NYC? Good friends do not become violent or condone abusive behavior, nor engage in immigration fraud.
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:rolleyes::rolleyes::rolleyes:...
 
you don't need to notify USCIS of your divorce. You have to notify them of any address changes by sending a form AR-11. Your spouse will have to send form I-865 every time he changes the address until you become a citizen.

If you have been married for over 2 years, it will be hard for USCIS to prove that you have entered into this marriage for reasons other than love. Of course, they can do it if they really want to...
 
Thanks LucyMO.
We have been married for 3 years, we entered the marriage in good faith and we even went home for the religious ceremony... but didnt work. While being physically separated and talking things up I got the removal of conditioning, and now that I got a permanent card, my husband thinks it will be better for me to find someone else and have a family because he doesn't want to have kids with me anymore and more psycho-social issues... I will finish my job contract in 2008 and probably move out of NY to MD??? and my ex wants to go to TX... so we are really divided... no point in talking about it anymore...
so, now the divorce lawyer asked me for my new address to file the papers, do I only have to notify USCIS about address change and they will figure it out?
the two previous guys think we committed fraud but it is not it... may look like it, really, that's why I am concerned... I want to know if getting an immigration lawyer will help me if something else happens down the road...
I can not stay married any longer just to get a faster citizenship... that would be keeping the lie further... I am still getting all my mail at his place...should I notify USCIS now or wait until the divorce is final?
I don't want to bother more, but I don't trust lawyers, so I need to have a clearer picture before I contact one.
Thanks
 
If you have your Permanent Resident Card (10 years) you dont need to notify USCIS about your divorce, just your address change.

This issue will come again during your citizenship interview so be prepare to answer many questions, until then, just notify CIS of your addresses.

In my view, your marriage was fraud. Reasons: you are married 3 year to that guy, you have been living separeted 2 years, so you only "live with him" 1 year, so removing the conditions on your GC at the end of the 2nd year even though you were separated from him is FRAUD. But that is just my opinion.
 
m&f said:
the two previous guys think we committed fraud but it is not it... may look like it, really, that's why I am concerned... I want to know if getting an immigration lawyer will help me if something else happens down the road.../QUOTE]

Now I didn't say I thought you were committing fraud. I said it "sounds like" you were abusing the system, and that it could be a problem if USCIS think so too. Personally I think you are sailing a pretty close course, but then I fully understand why.

Since you have an unconditional GC, I think you are in less hot water, but be prepared for some stiff questioning when you eventually apply for citizenship.
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