Divorce and GC

S

Stimpyzu

New Member
I have a question that may be answered here.

A U.S. Citizen is going through a divorce with a Canadian. They were married for a little over 7 years, but never started the paperwork for immigration purposes. They saw a lawyer to discuss the possibilities, but that was it. Now they are going through a nasty divorce (filed but not finalized because it is also a child custody case) and the Husband refuses to sponsor for immigration. But the wife claims that he "owes" her a GC.

Will Husband be forced to sponsor anyway? Is the wife able to get GC without his help? Any comments would be appreciated.
 
Husband can not be forced to sponsor (especially in this case, if I were him, i WOULD NOT sign an I-864 for my almost ex-wife).

They have to reach some sort of agreement. :p
 
That's the whole thing.... he offered her a settlement, to pay for all immigration issues, and she refused the deal.... now, that deal is off the table and he does not want to have anything to do with it, i.e. no agreement can be reached on this point.... just wondering if he was going to have to.

And wondering if she had any avenue of getting her Green Card on her own on the "retroactive" years of their marriage.
 
no, he doesn't have to, and without being married to him in good faith, she can explore other venues - getting a new USC husband, or employment-based GC, etc.
 
need help,am new to this forum,conditional gc to h1

i am a doctor from india,doing my residency here in us, am currently on my conditional permanent resident status based on marriage to a us citizen but now i am in a bitter situation that my spouse who is a us citizen is now threatening me that she wont help at the time of removing the conditions on my green card and even threatening me that she would give me divorce,i am not able to tolerate the mental torture .i am not even interested in the green card,but i wish to stay here and complete my residency since i have put 3 years of hard work and spent a huge amount of money to get in to residency.if i get a divorce what will be my future,should i go back to my home country without any degree,if so all my hard work and struggle will go waste.my question to you is can i change my status from conditional green card to h1 if my hospital is willing to sponsor me so that i can complete my residency.i need your advice and reply,please help me in this regard.thank you.
 
need help,am new to this forum

please help me in this regard,i am in bitter position .somebody please reply me.
 
If the hospital is exempt from H1 quota, they can apply for H1b for you, but is H1B suitable for residency?
 
sattiish, you may want to check with a lawyer if the mental abuse you suffer rises to the level of "battered spouse" ... then you might be able to remove the condition yourself.
 
Stimpyzu, I believe the spirit of the law granting LPR status to spouses of US citizens is to keep families united, not to get individuals green cards. If they are divorced, there is no family relationship, therefore no reason this individual should be granted permanent residency in this country based on family immigration. If she would like a GC she probably has to find a different basis for it, such as employment, or based on a different family relationship.
 
thank you for your response,lucyMo and austriacus.yes our hospital sponsors h1 that doesnt come under cap,and h1b is enough to complete my residency.so if at all i get divorced i dont have problem to stay in us till i complete my residency if i can get h1 sponsoring from my hospital ,is it so..
 
I am no expert in this matter. But, If you have intentions of going back after completing the residency is not J-1 visa better option for you. My advise is to verify with immigration attorney to get more accurate answers to better address your situation
 
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