Divorce after issuance of green card

T

thegr8anand

New Member
Hi guys,

My dad and his family(mom, sis and me) got green card(type F3) through my grandmother(father's mother) who is a citizen. We have had it for two years now. None of us have yet moved to USA.

But my father and mother have separated and will file for divorce soon, here in India.

So my question is what will happen to my mother's green card? Will it get invalidated because they have divorced even though each of us have our individual green cards.

Thanks.
 
Divorce will have no effect on your mothers or your green cards.
Are you in India from last 2 years without the REP? If so then you don't have a LPR status anyway.
 
thegr8anand said:
Hi guys,

My dad and his family(mom, sis and me) got green card(type F3) through my grandmother(father's mother) who is a citizen. We have had it for two years now. None of us have yet moved to USA.

But my father and mother have separated and will file for divorce soon, here in India.

So my question is what will happen to my mother's green card? Will it get invalidated because they have divorced even though each of us have our individual green cards.

Thanks.
Click to expand...

You post makes no sense. IF you never moved to the U.S. how did your get greencards? Please elaborate, provide a more detailed timeline.
 
Sorry, I meant we make a trip to USA every 6 months and have kept the green card valid. But would like to know what will happen when my parents get a divorce here. Will they be considered the same in USA and can my mother still hold the green card?
 
You are at risk of losing your GC once immigration officials figure out that you are not living and working in the US. Move to the US permanently or voluntarily give GC up. Quit violating the law!!!
 
thegr8anand said:
Sorry, I meant we make a trip to USA every 6 months and have kept the green card valid. But would like to know what will happen when my parents get a divorce here. Will they be considered the same in USA and can my mother still hold the green card?
Click to expand...

It wasn't a marriage-based* green card, so the divorce won't affect it. What might make her (and you and your father) lose her green card is living outside the US. Eventually an officer at the POE will notice the travel pattern of "one visit every 6 months" and either give a warning or give an order to see an immigration judge to plead to keep the green card.


*yes I know she got it as a result of being married to your father, but it's not considered a marriage-based green card when her mother-in-law is the petitioner.
 
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