Pls advice: green card and divorce!!!!!!!!!!!!!!!

B

bzbzbz777

New Member
Hi everybody

PLS ADVICE!!!!! I am married since 2002, november,in NY. My husband and I got our green cards in february 2003, NY. We have a child together born in june 2003,NY. I am planning divorce due to domestic violence and abuse. DO I LOOSE MY GREEN CARD??? PLS ADVICE!!!!!!


ps: i have a divorce attorney, do i need an immigration one as well?? also, i plan on moving out of the house - do i file FORM AR-11 as soon as i leave, or do i wait for the divorce; do i file FORM AR-11 myself, or an attorney is supposed to file it for me ??? SORRY FOR ALL THE QUESTIONS!!
 
bzbzbz777 said:
Hi everybody

PLS ADVICE!!!!! I am married since 2002, november,in NY. My husband and I got our green cards in february 2003, NY. We have a child together born in june 2003,NY. I am planning divorce due to domestic violence and abuse. DO I LOOSE MY GREEN CARD??? PLS ADVICE!!!!!!


ps: i have a divorce attorney, do i need an immigration one as well?? also, i plan on moving out of the house - do i file FORM AR-11 as soon as i leave, or do i wait for the divorce; do i file FORM AR-11 myself, or an attorney is supposed to file it for me ??? SORRY FOR ALL THE QUESTIONS!!
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Is your GC temparary or permanent? If it is a temparary one then you two will have to fime for a permanent and it is necessary for you two to stay married. If it is permanent then you are good.
 
If you have a conditional GC, you should probably seek the advice from an immigration lawyer before you decide what your next step should be. If it's a permanent then a divorce/separation won't affect your permanent GC- it will affect requirements (longer wait time) if you decide to apply for your citizenship. If you move follow instructions for change of address.

Hang in there!

http://uscis.gov/graphics/howdoi/remcond.htm

How Can I Get a Waiver of the Requirement to File a Joint Petition?
If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

You may request a waiver of the joint petitioning requirements if:

* Your deportation or removal would result in extreme hardship

* You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition.

* You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by your U.S. citizen of legal permanent resident spouse, and you were not at fault in failing to file a joint petition.

Please see USCIS Form I-751 (Petition to Remove the Conditions on Residence) for more specific information on waivers.
 
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My husband and I got our green cards in february 2003
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Sounds like an employment based GC if you both got it at the same time (or one sponsored by a third relative). In that case, divorce has no influence whatsoever on the validity of your GC. It is a permanent card and you don't have to deal with the 'removal of conditions' issue.
The removal of conditions is limited to certain marriage based GCs (US citizen spouse sponsoring non-citizen spouse, marriage<2years).
 
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I am agree with hadron, she said that "my husband and I got our green cards...". So that means that it wasn't through marriage of a USC, she must have a 10 year green card and is independently of divorce or whatever other issue. If you move then you should file AR-11.
Good luck,
 
Hello again!

I just wanted to clarify somethings: we got married on 11/7/2002 and we got the stamp in the passport on 2/2/2005 and then 2 weeks after that we received the actual green cards and on each of them it it says that we are permanent citizens since 11/14/2004 -- still that gives me more than 2 yrs , right -- from 11/7/2002 to 11/7/2003 - 1 year, from 11/7/2003 to 11/7/2004 2 years!!! So i was thinking that i am ok!! And we have a child born in 2003 - so i do not think that anybody in their right mind would consider this a sham marriage! Oh, and another thing, on my green card it says that it is for 10 yrs!! And in my paspport the stamp says that it is valid until Feb 1, 2006 - when i have to renew it again?!?!?!? Any ideas what does this mean??? i have three dates -one in pasport,one on the green card, another one from our interview .....and i do not undersatnd anything - and that's for a person with masters.. sometime si feel they write the laws so nobody gets it .. anyway ..off , sorry ....

Pls advice ..
 
From what you said seems like you have permanent GC, so follow what Cherr1980 above. You should have any problem now
 
Call the 1 800 number orbetter an infopass and ask the officer which date and what your status is
 
bzbzbz777

You haven’t clearly mentioned all the details of your case since your postings seem so confusing. Nevertheless, I’m going to answer your concerns.

First of all, don’t ever call INS on their 1-800, nor you need to go to local INS office thru InfoPass.

Secondly, you DON’T need an immigration attorney at this time for anything. You can fill and mail Form AR-11 by your own. There is only 4-5 lines that you would need to fill in anyway. That is all. But you MUST need to file and mail this form within 10 days of moving if you would move out of your husband’s place.

Thirdly, you can divorce your husband right now without fearing anything. It won’t jeopardize your green card at all.

Fourth, if you (and your husband) have received a green card based upon employment category then it would be a permanent green card. But if you have received a green card thru him (if he is a US citizen) then it could be possible that you might have received a conditional green card if your marriage was not for 2 yrs at the time of approving your green card application. However, I'm sure that this is not the case in your situation because you mentioned that he also received a green card together with you, which means-he is not a US citizen and it also means that you did not receive your green card thru a US citizen. If so, then the possibility of conditional green card is out of picture here.

Fifth, if you have a conditional green card, you can still get your full green card without a problem and without your husband. Very easy. I could tell you how. You may write me here when time will come for you to file for I-751 (a petition to remove a condition). I’ve gotten full residency for at least 4000 people for the last 3 yrs thru all the immigration forums.

But you should divorce him now if he is abusing you, or if you don’t want to live with him anymore. Otherwise, it would prove more that you have been with him to get your green card despite of mentioning here that he is abusing you. Your question itself proves that green card is more important to you than protecting yourself and your baby from his abuses; otherwise you would not have asked such a stupd question as if you would stay with him if your green card would be taken away if you divorce him. Having children doesn't necessary prove the bona fide of marriage, nor it protects a person from deportation if s/he is placed on a deportation proceeding.

Good Luck.
 
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I agree with Johnny Cash. It seems you obtained your GC based on employment so divorcing your husband has no impact on your GC.
 
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