Divorce What will Happen..

G

GGbei

New Member
Wife is a GC holder, i'm a USC,

we have been married for 2 yrs... What will happen to her if we got divorced?

Will she be able to stay in the states? Will she be able to become a USC whenever that becomes possible?

I thought we needed to be married for a certain period of time?

We got married because we loved eachother, no other reason...

Can someone shed some light on this area for me??

ThankYOU
 
well, let's see. Did she get a permanent or a conditional GC? was her GC approved before or after your second wedding anniversary (or did she enter with an immigrant visa before or after your second wedding anniversary)?

If after, then she has a permanent GC, you can divorce at any time.

If she has a conditional GC, then she will have to remove conditions by proving that the marriage was bona fide and was entered into out of love, and not solely for immigration purposes.

If you divorce before you can jointly file for removal of conditions (has to be done within 90 days before the expiration of her conditional card) or after you jointly file but before the removal of conditions is granted, then she will have to file alone as soon as divorce is final. If she can prove that marriage was bona fide, she will get to keep her GC. If not, she will be offered a voluntary departure.

To prove a bona fide marriage, a statement from a UCS spouse would help, along with other proof of "joint life".
 
Hi LucyMO

thank you for your reply,

she was approved the GC before our 2nd anniversity...

So it sounds like she has a conditional green card?! right?

I can prove that it was a bona fide marriage, with a letter, and tax returns, and what else... hmm..


How much longer do you think she has to wait to become a US citizen?


I wouldn't want her to lose her green card....
 
GGbei said:
Hi LucyMO

thank you for your reply,

she was approved the GC before our 2nd anniversity...

So it sounds like she has a conditional green card?! right?

I can prove that it was a bona fide marriage, with a letter, and tax returns, and what else... hmm..


How much longer do you think she has to wait to become a US citizen?


I wouldn't want her to lose her green card....
Click to expand...


Hi:

On a personal note, I hope you have had some counseling, considered things carefully etc.

From an immigration standpoint, it is as Lucy described above. If you are sure you want to divorce, you should not continue the relationship just for immigration purposes. Many spouses filing separately after divorce are successful in proving a bona fide marriage ----- it all turns on the facts.

Your wife may want to consult an attorney to help her build a good case.
Best wishes.
 
GGbei said:
Hi LucyMO
How much longer do you think she has to wait to become a US citizen?
Click to expand...
since you will be filing for a divorce, she will be able to apply for citizenship on general terms 4 years and 9 months since the date on her first GC.

If she remains married to you until she gets her citizenship, she can apply 2 years and 9 months after she got her GC. In this case you will need to still be married and actually reside together all the way till her oath.
 
Thank You LucyMo and Pianoplayer,

I know have a much better understanding on the circumstances and possibly some type of outcome.

Kind Regards,
GGbei

Once she becomes a USC , then does that mean she is a citizen no matter what happens between us. She will always be a citizen? Right?

thanks
 
GGbei said:
Thank You LucyMo and Pianoplayer,

I know have a much better understanding on the circumstances and possibly some type of outcome.

Kind Regards,
GGbei

Once she becomes a USC , then does that mean she is a citizen no matter what happens between us. She will always be a citizen? Right?

thanks
Click to expand...

Hi:

A divorce after getting citizenship will almost certainly be irrelevant. She COULD lose citizenship on other grounds after naturalization, even though very unlikely, but not simply on the grounds of divorce.
 
Thank You to both of you.

Know I am clear on the circumstances....

well i'm sure she is not a Nazi, interesting....

once a citizen she could either stay here or go back to her native country..

either one..what ever she wanted to do!

Thanks!
GGbei
 
pianoplayer said:
Hi:

On a personal note, I hope you have had some counseling, considered things carefully etc.

From an immigration standpoint, it is as Lucy described above. If you are sure you want to divorce, you should not continue the relationship just for immigration purposes. Many spouses filing separately after divorce are successful in proving a bona fide marriage ----- it all turns on the facts.

Your wife may want to consult an attorney to help her build a good case.
Best wishes.
Click to expand...

i dont understand one thing... why u advice that if something like divorce is in ur head ..why u think its important to tell uscis that i have thought about divorce in my head. what if someone just gets green card unconditional and just 2 days after he finds his spouse is cheating on him and decide to divorce. similarly if both parties agree to divorce why dont they make their life more easier by getting proper green card and then divorce rather than complicating the matter by saying they want to divorce
 
beltrain said:
i dont understand one thing... why u advice that if something like divorce is in ur head ..why u think its important to tell uscis that i have thought about divorce in my head. what if someone just gets green card unconditional and just 2 days after he finds his spouse is cheating on him and decide to divorce. similarly if both parties agree to divorce why dont they make their life more easier by getting proper green card and then divorce rather than complicating the matter by saying they want to divorce
Click to expand...

Hi:

I never said anything about being in your head. Who knows what's in your head. What I DID say was that, if both spouses have agreed that they should get a divorce, they need not continue the marriage just to get the unconditional GC. It is very much possible to still have conditions removed even after divorce, by proving bona fide intent when the marriage was entered into.

Some people might say that claiming to be happily married and together when signing the I751, when you are actually separated/planning to divorce, is fraud. Many people do it ------ USCIS don't know of a conspiracy between the couple unless it is manifested.
 
Hi.

I want to thank you all for valuable information given here. Of course I would never think of divorce before, but things sometime just don't work out as planned earlier.

I am a conditional GC holder, just got it recently. After almost a decade dating and having a kid, we decided to get married last year. short after, something dramatic happened, and I think divorce in inevitable now. Of course I would want to save my marriage and ect... but, I don't think it would work.

Can someone please tell me in detail what I (and my spouse) need to do to remove the conditions on my GC once we get divorced?

what kind of the evidences do I need to convince the USCIS that the marriage was in good intent?

thank you.
 
once you get divorced, you'll file form I-751 with all the supporting documents listed in the instructions to the form.
 
that is exactly what i want to know. which supporting documents??? what are they? instructions in I-751 says only that "submit a copy of your divorce decree or other documents terminating your marriage"...

thanks.
 
OK. thanks. I thought I did but when I went through one more time, I was able to see whan I wanted. thanks for the advice. I guess I was blind! :)))
 
You must log in or register to reply here.
Top