Divored and moved to new location

T

=THEO=

New Member
First let me say I have searched the forum for an answer and although I believe I have the answer, wanted to post my specific situation because as mentioned in most postings, every situation is different.

I am a permanent resident since 2006, removal of conditional basis in 2009 and card issued for 10 years (2019).
I divorced my USC wife which was finalized in 2011.
We have a 6yo daughter together.
I have no intent of relinquishing my status and/or moving away or back to my country of citizenship.

I read that in various locations that I do not need to inform USCIS of the divorce because it was well after 2 years of initial permanent residence and after obtaining permanent residence unconditionally.
Am I correct here?

Does my now ex-wife need to file any forms, such as an I-865?

After moving out to my own residence I am only assuming I need to file AR-11 to update USCIS of my current residence.
Am I correct here?
I actually lived for very small periods at 2 maybe 3 locations before finding my current stable residence. If I do file AR-11 do I indicate my previous address as the last I believe they have on file, or as indicated in another post, just use my last "actual" previous address and of course my new address?

Thank you indeed for your assistance!
 
Your divorce does not affect your permanent residency, as long as your marriage was bona fide. (Even if the divorce was during the conditional permanent residency, it would still be okay if the marriage was bona fide. As you are a non-conditional permanent resident, it's even more okay.) The only difference is that you need to wait until you've been an LPR 5 years to file for naturalization, instead of 3.

Your ex is still bound to support you, and thus must file I-865 if they change address.

As a alien in general, you are supposed to notify the USCIS when you change address. However, this rule is often ignored. I doubt they care what you put, but I would put the last address they have on file (so it's as if you only moved once instead of several times).
 
You divorced after receiving the 10-year card, so you don't need to inform USCIS of the divorce until and unless you're involved in another immigration process with them such as applying for citizenship or sponsoring a relative for a green card.

For the AR-11, for the previous address put the last actual address where you lived, don't give false information because you're worried about what they have on file. However, temporary addresses may be omitted if you still had access to your permanent address while staying at the temporary location (e.g. you were staying with a relative in state A to look for a new place, while trying to sell your house in state B); in that case you can just put the last permanent address as your previous address.

Your wife will have to file I-865 if she has changed her own address, but not if she stayed in the same place and you were the only person who has moved. However, her obligation to file I-865 ends when you become a US citizen or you have accumulated 10 years of credits for Social Security. You've been a permanent resident for about 7 years; if you were working and paying taxes in the US for a few years before your green card and have been working ever since, you might already have accumulated those 10 years (40 credits).
 
Last edited by a moderator:
Thank you both for your replies!
A followup for those that may find this information useful.....

I do not (at this point) intend to do anything else related (applying for citizenship or sponsoring a relative for a green card), but it is good to know.

AR-11 : The "in between addresses" were only for a maximum of a few months a piece (don't think i even changed address with banks, work etc) so I will use the last main address I filed taxes from. I think the main thing is that they have the current address on file.

I-865 : Yes, I will have her file this. I didn't start working until December 2005 so do not have the required credits.
Even though I only worked for 1 month in 2005, i filed taxes. Would this count as the 1st year?

My main concern that made me realize I may have overlooked somethings last night is I don't want anything to impact the relationship with my daughter! I would be a great hardship on her.

Regards,
 
=THEO= said:
I-865 : Yes, I will have her file this. I didn't start working until December 2005 so do not have the required credits.
Even though I only worked for 1 month in 2005, i filed taxes. Would this count as the 1st year?
Click to expand...

If you paid Social Security taxes for that year, it would count for something, although not necessary a full year of credits. You have to earn approx. $4400/year (the amount was slightly less in 2005) to get the full 4 credits for a year. So for example if you earned $2300 in that 1 month of work, that would count as 2 credits, leaving you with 38 left to complete the 40 credits. Have you ever received a Social Security statement?

Note that normally your employer withholds the SS taxes from your paycheck, and you don't pay the SS taxes with the IRS tax return, you only pay the income taxes when you file Federal tax returns. If your employer didn't withhold the SS taxes, you would have had to submit SS taxes separately for it to be counted towards your SS credits.
 
Last edited by a moderator:
Understood. I will need to look back at records.

Thanks for your time given, it is greatly appreciated by myself & I am sure many others :-)
 
You must log in or register to reply here.
Top