Green Card dilemna for ex-wife

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kaolack

Registered Users (C)
Hi to all,

This is a little bit complicated, but I will try to explain it as clearly as possible. I am "soon" to become an US Citizen. I am separated with my wife and I will have to wait a year (state of maryland) until I can start the divorce proceedings. During the interview, I am planning to mention the fact I am separated and about to be divorced. I wanted to help her out since she was my wife and was out of status. Shen even received a letter few years ago that she had to leave the country within a certain time frame to avoid deportation proceedings.

Once I become a citizen, I am planning to leave the country soon after. I do not want her to derive her GC based on my change of status. I do plan to get remarried one day. My questions are:

- Would it be possible for her to still use my citizenship?
- Is there any other way she could get her GC such as political asylum....?

Any suggestion or advice would be much appreciated.

Thank you.

kaolack
 
kaolack said:
Hi to all,

This is a little bit complicated, but I will try to explain it as clearly as possible. I am "soon" to become an US Citizen. I am separated with my wife and I will have to wait a year (state of maryland) until I can start the divorce proceedings. During the interview, I am planning to mention the fact I am separated and about to be divorced. I wanted to help her out since she was my wife and was out of status. Shen even received a letter few years ago that she had to leave the country within a certain time frame to avoid deportation proceedings.

Once I become a citizen, I am planning to leave the country soon after. I do not want her to derive her GC based on my change of status. I do plan to get remarried one day. My questions are:

- Would it be possible for her to still use my citizenship?
- Is there any other way she could get her GC such as political asylum....?

Any suggestion or advice would be much appreciated.

Thank you.

kaolack
Click to expand...

- Would it be possible for her to still use my citizenship?
Not if you legally divorced
- Is there any other way she could get her GC such as political asylum....?
No. For political asylum she had to apply within a year of her last arrival to US.
From reading your post I would guess she been here for more then one year already.
Other ways? Yes. File trough her employer, or get remarried to US citizen.

If you want more answers, please provide more information about your wife:
On what stage exactly is her GC process?
Did you file I-130 for her yet? Did she file I-485? When?
How long you two been married?
Do you have an interview date already?
 
Last edited by a moderator:
Thanks for help and some c

Hi Jane Green,

Sorry for the delay and thank you for the feedback.

Let assume that we are not officially divorced yet, can she still apply for a GC even though I am supposed to be the one that file for her? Is it possible? If so, how could she do it?

I did NOT file for her GC yet. I was waiting for me to become a US Citizen, then file for her.

I did already file an I-130 for her, but she did NOT file an I-485. Can I cancel

this I-130?

Obviously, we do not have an interview date and we have been married for 3 years.

I wanted to be with her, but it did not work out. Before I married her, she could not extend her F-1 visa and subsequently she received a letter saying that she was denied an extension and that she had to leave the country at a certain date to avoid a 3/10 year ban.

I am trying to protect myself. I will probably meet somebody back home and I would not like to be stuck with my ex-wife. Should I mention during my interview that we are separated and in the process of getting a divorce.

Also, can she apply as a refugee instead of a political asylee?

Any suggestion / advice would be much appreciated.

Thank you.

Kaolack.
 
OK, Kaolack, I’ll try to write it as short and simple as I can

>>>>can she still apply for a GC even though I am supposed to be the one that file for her? Is it possible? If so, how could she do it?

You are not the one who supposed to file for her Green Card. She is.
All you had to do is file I-130 (application for alien relative) and Affidavit of support later, when she is ready for I-485. The GC application (I-485) is hers to file.
Is your I-130 approved yet? If yes, then she can file for her GC any time she wants (with a copy of approved I-130 petition and her priority date current).

>>>> I did NOT file for her GC yet. I was waiting for me to become a US Citizen, then file for her.
That was a smart move, however she could file for GC with approved I-130 anytime if her priority date is current and later, when you become US citizen, you could upgrade your petition to make it faster for her to adjust to PR.

>>>>>I did already file an I-130 for her, but she did NOT file an I-485. Can I cancel
this I-130?
Yes, you can cancel your I-130. This will invoke deportation procedures against your wife.

>>>>>Obviously, we do not have an interview date and we have been married for 3 years.
You won’t get an interview unless she files I-485.

>>>>>Also, can she apply as a refugee instead of a political asylee?
No. She has to be outside US to apply for the refugee status and most importantly she has to qualify for such status. And even if she originally from a country who sends here refugees on a regular basis and your wife go back home to apply, she will have a hard time to convince immigration authority she is a genuine refugee, fleeing her country to avoid the prosecution. After being in US for 3+ years? Don’t even bother.

>>>>>Before I married her, she could not extend her F-1 visa and subsequently she received a letter saying that she was denied an extension and that she had to leave the country at a certain date to avoid a 3/10 year ban

Did you marry her while she was in the removing/deportation procedures? If yes, then this is a red flag for an Immigration for a fraud investigation. Of course being married for 3 years might be one of the possible proofs your marriage was genuine, but if you two get divorced – she might be in trouble because of her overstay.
She is illegal right now, right? The I-130 itself doesn’t give her any status, or right to stay here in US.

>>>>>Should I mention during my interview that we are separated and in the process of getting a divorce.

You won’t get an interview unless she files I-485. You are making premature plans here.
When she gets her appointment letter (and it might be a while– up to 2-2 ½ years) you can go with her and say you two are planning a divorce or already are.
This will result in her application being denied and she would be placed back into the removing/deportation procedures.
Or – you don’t go with her to the GC interview. Once again - this will result in her application being denied and she would be placed into the removing/deportation procedures.

Is there any way for her to get a GC without dragging you into the process?
Maybe. If you ever abused her in any way, she can self-petition for GC based on extreme cruelty in you marriage, she can divorce you and still get her GC…
Sorry if I hurt your feelings with such information! But this is one of the easiest ways for wives to get GC without husbands’ help.
The harder ways – through her employer, investment, another marriage, est.…
I think you should consult the immigration attorney about the best possible way to make her GC happen without you two staying married for another 3 years.
 
Thank you Jane Green....

Thank you Jane,

I really appreciate your feedback. Out of curiosity, are you a lawyer or in law school :>? You seem to know so much about it. Regarding the interview I mentionned in my previous post, it is my own US Citizenship interview not an interview for her GC. I should have it scheduled in the next few months (God willing!). I would like to mention to the immigration officer the fact we are separated and in the process of being divorced so this past relationship does not limit my chances with somebody else in the future. Just to clarify also, she is currently illegal and she already receive a letter saying that she should leave the country.

While being married, I have never hurt or touch her. I have to admit, I have broken few things in the house while being upset. That's it..... Could she still use that against me and file for her GC?

Thanks for your feedback and patience.

Kaolack.
 
OK, I didn’t get that you were talking about your own citizenship interview then.
When you become US citizen you can sponsor as many immigrants (family members) as you can afford. And you’re right - you will be asked whatever or not you did it before. But it’s a standard question in the application and you shouldn’t be too much concerned about it.

The thing worthy to worry about is an affidavit of support. If you already signed one for your wife, or going do it in a future – you should know that it is enforceable by law and you will be obligated to support her for several years, after you two get divorced (unless she decides not to use if against you). But if she will make you pay as agreed in the signed Affidavit, then it will limit your ability to sponsor another wife for a GC (unless you have a sufficient amount of funds).
I don’t think you signed Affidavit yet, it’s just an info for the future.

>>> I have to admit, I have broken few things in the house while being upset. That's it..... Could she still use that against me and file for her GC?
No. She has to have more serious proof of abuse then that.

I am not a lawyer, nor a law student. I have been dealing with Immigration since 1998, Before that I was out of legal status for almost four years. Plenty of time to educate myself….

Good luck to you in your naturalization process. Your wife should see an attorney, if she wants to stay in US. Her chances are low.
 
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