divorce help

S

speed888

Registered Users (C)
me and my wife are having a rough time right now, we might end up having a divoirce and i'm probably moving back in my country. i have a conditional green card right now, i stayed here because of my wife. what happens if we file a divorce? does my greencard immediately get voided?

thanks in advance for your help
 
If you plan to move back to your country and you don't want to continue living here the best thing to do is to return your green card status in peace so you at least can return as a tourist if you want to. I don't know how is the process but exists.

If you get divorce before the expiration date on your green card and you want to stay, then you can apply for the waiver of filing jointly (filing alone due to divorce) at anytime after you received your divorce decree. You have to demostrate that you enter the marriage in good faith and send all kind of evidences same as if you were filing jointly.

Not necessary your green card gets void like chazzz! kaboom! BUT will be sooner or later. I read a case that the person just days after got the divorce received a letter from USCIS stating that her card was void and she had an immigration court hearing. Your card anyway is tied to your marriage since that was the based of your permanent residency...so not existing one, that's why they put that you can file at anytime you get your divorce decree if you want to stay here (not guarantees though).
 
thank you
i appreciate your help

anyone who can give me more info on how to surrender my current conditional green card?
 
is I-407 the only form i need to submit?

and should i file this before i leave or can i do this when i get back home?
so i can keep my green card for the mean time and avoid all the hassle on the way back home

thanks
 
Last edited by a moderator:
It looks that you have to surrender it at the US consulate in your home country. If you going to do that, be sure that all your financial issues over here are balance zero and all straight up.

Good luck!
 
What about those with a permanent Greeg Card?

should I be worried if we get a divorce? already have my 10 yr GC
Can she do anything to revoke my GC?
Do I have to file anything with USCIS?
Thanks in advance.
 
gigaman said:
should I be worried if we get a divorce? already have my 10 yr GC
Can she do anything to revoke my GC?
Do I have to file anything with USCIS?
Thanks in advance.
Click to expand...

There is nothing to worry. Unless the marriage was entered as a fraud.

You have to file for citizenship after 3 years as a resident, or just renew the card every 10 years.
 
PraetorianXI said:
There is nothing to worry. Unless the marriage was entered as a fraud.

You have to file for citizenship after 3 years as a resident, or just renew the card every 10 years.
Click to expand...

The marriage is definitely not fraud. Plus, I have documents to prove our relationship.

I am just being overly cautious. She is nuts! It would not surprise me if she pursues ways to drag through court. Not that she has any reasons to do so.

If we get divorced, can i still apply for citizenship after 5 years?
I've heard about Spousal Support. My yearly salary is slightly higher than what she makes.
Does anybody know of a situation where one spouse was ordered to pay spousal support? We don't have kids, don't own a house or land.
 
You don't need to prove anything anymore or to tell USCIS that you are getting a divorce...you are good to go. Only of course always keep all your information/legal papers for your records.

If you get divorce, then yes you will be eligible to apply for citizenship at the 5th year of being a resident not 3. And of course if you qualify for the rest of the requirements.

The other question is Family Law related and depend on the state you live in. Spousal support is known as alimony and normally is given when there are child involve but not restricted to. You need to check with a family law forum from your state, check with a family law attorney or just go to your state website association bar and they explain there normally what the divorce in general in your state is about.

Good luck,
 
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