Gc process after divorce

M

mclarenfan316

Registered Users (C)
Hello guys,

My wife got her EAD and had another interview today where they made her sign release forms giving up her TN status. They needed a number from her dad's passport which we faxed over. The officer said she can complete the case today,so I am guessing she should get her Gc soon. How long does it usually take to get a green card?

We are having second thoughts about our marriage. I want her to get her Gc and citizenship. We are ending this on good terms and I still care about her.

Should we delay the divorce officially due to this? Can we complete the divorce once she gets the Gc and her citizenship process will be normal or will it cause complications due to our divorce?

Thanks
 
You want to end the marriage already? How long have you been married? The longer you've been married, the more likely she'll be able to keep her green card without a problem.

But if you divorce before her green card is officially approved (verbal approval in the interview is NOT official approval!), her green card application is null and void.
 
yeah unfortunately it doesn't look like it's gonna work. Thanks, I will wait for the Gc to come via mail then. So If we annul the marriage after she gets a green card, you think it might be a problem?
 
Annulment after GC approval would legally make the marriage as if it didn't exist from day 1, which would retroactively nullify her green card even after it's been granted. But divorce after GC approval would give her a chance to keep it (although not a very good chance if the divorce happens only a few months after the marriage began).
 
Jackolantern said:
Annulment after GC approval would legally make the marriage as if it didn't exist from day 1, which would retroactively nullify her green card even after it's been granted. But divorce after GC approval would give her a chance to keep it (although not a very good chance if the divorce happens only a few months after the marriage began).
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ok Thanks. I meant divorce not annul.That helps a lot. I really appreciate it.
 
This is a weird situation where you don't want to be in a marriage with her anymore, but want to pretend to be happily married to help her with her immigration?

If she has conditional permanent residency, then she will need to file to remove conditions 2 years from now, at which point she will need to present evidence of bona fide marriage. Regardless of whether she has conditional or regular permanent residency, the issue of bona fide marriage can still come up later when she applies for naturalization, etc.

If she is a conditional permanent resident, when she files for removal of conditions, then either 1) she is divorced, and she files on her own, or 2) you guys are still married, and you file jointly (both of you sign it). There is no other option. So if this is the case, in order for her to successfully stay here, you must either be willing to support her in removal of conditions, or you guys need to be divorced prior to it.

Technically, all she needs to keep permanent residency is to prove that the marriage was bona fide on the day she became a permanent resident (the day she's approved). However, they usually want some evidence of bona fide marriage lasting a while after becoming a permanent resident. There's no fixed amount of time needed, but the longer the better. I mean, if you separate and file for divorce a few days after becoming a permanent resident, theoretically it is possible that the marriage was bona fide at the time of getting the permanent residency and then happens to fall apart a few days later. However, it would be a hard sell.

If you really want to help this person (again, it's somewhat unusual), then probably the best thing you can do is write an affidavit saying that your marriage was bona fide, but fell apart later after getting the permanent residency. Again, the longer you guys stay together before separating, the higher chance she will be able to succeed.
 
newacct said:
This is a weird situation where you don't want to be in a marriage with her anymore, but want to pretend to be happily married to help her with her immigration?

If she has conditional permanent residency, then she will need to file to remove conditions 2 years from now, at which point she will need to present evidence of bona fide marriage. Regardless of whether she has conditional or regular permanent residency, the issue of bona fide marriage can still come up later when she applies for naturalization, etc.

If she is a conditional permanent resident, when she files for removal of conditions, then either 1) she is divorced, and she files on her own, or 2) you guys are still married, and you file jointly (both of you sign it). There is no other option. So if this is the case, in order for her to successfully stay here, you must either be willing to support her in removal of conditions, or you guys need to be divorced prior to it.

Technically, all she needs to keep permanent residency is to prove that the marriage was bona fide on the day she became a permanent resident (the day she's approved). However, they usually want some evidence of bona fide marriage lasting a while after becoming a permanent resident. There's no fixed amount of time needed, but the longer the better. I mean, if you separate and file for divorce a few days after becoming a permanent resident, theoretically it is possible that the marriage was bona fide at the time of getting the permanent residency and then happens to fall apart a few days later. However, it would be a hard sell.

If you really want to help this person (again, it's somewhat unusual), then probably the best thing you can do is write an affidavit saying that your marriage was bona fide, but fell apart later after getting the permanent residency. Again, the longer you guys stay together before separating, the higher chance she will be able to succeed.
Click to expand...

Thank you. I got a letter saying the conditional green card for 2 years is going to be mailed in a few days and I would need to show proof that we were married and file another form 90 days before the end of the 2 years. Yes it is a very weird situation. FYI- this is a real marriage and wasn't done for a gc.

I guess I will just wait and only file a divorce if either of us are looking to get remarried.
Thanks for the advice
 
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