Premanent Resident Card after Divorce

[Jae]

My situation is a little complicated. I am German and got married to a USC in 2002. I was issued a Permanent Resident Card in 2004. We lived in the US from June 2002 until September 2006. We were then stationed in the UK on military orders. We separated in May of this year and I currently live in Germany with our 3 children. He is still stationed in the UK but has miltary orders for Ramstein, Germany. Since we are not officially divorced yet, my name is also on these orders.
Now my question. Since we left on military orders in 2006 I'm assuming that my Permanent Resident Card has not expired since we left the States on orders. Is that correct?
Also, I plan on moving to the States without him sometime next year maybe even before the divorce is through. Will there be any issues with my Permanent Resident Card then? Will it expire once we are divorced?
Thank you so much for all your help!

 

[Jackolantern]

HURRY UP and return to the US, even if only for a short while! Normally after spending 12 consecutive months year outside the US without a reentry permit, your green card is voided, regardless of its expiration date. But there is an exception allowed for those who go abroad to accompany a US citizen spouse who is in the military.

However, now that you are separated, you lose that protection and need to return to the US ASAP. The children also need to return, if they are not US citizens (but I expect you have already secured US passports for them). Bring the military order paperwork with you in case you are harassed about staying outside the US for so long. If you need to stay in Germany again for another year or two because of the children's schooling and finalizing the divorce, apply for a reentry permit before you leave the US.

 

[Jackolantern]

Regarding your original question about the green card and divorce ... once you got the 10-year unconditional card, you still get to keep it after divorce. However, as explained above, your green card could be in jeopardy for spending too much time outside the US.

 

[Jae]

Thank you for your reply!
Now, I have another question. Once I would enter the US, would they know that I am separated? I am command sponsored up until our divorce is final and will remain one of his dependents up until the day we are divorced. His orders won't expire until October of 2014.
I do plan on visiting the States this December but only for about a week. Since the spouses of military personnel are exempt from the rule of the Permanent Resident Card to expire if not living in the US for over a year, it shouldn't make a difference as far as the validity of my card. Or am I wrong? According to his orders we would officially reside outside of the US for another 4 years and as far as I know any overseas bases are considered US territory.
My children are dual citizens and do have a US passport.

 

[Jackolantern]

Thank you for your reply!
Now, I have another question. Once I would enter the US, would they know that I am separated?

If at the port of entry they realize that you've been outside the US for years, they'll probably send you to the secondary room for extra questioning, during which you'll explain your situation to justify your absence. If you lie and claim to not be separated, bear in mind that they'll record some of your answers in the system, and the lie could be discovered at another time.

Since the spouses of military personnel are exempt from the rule of the Permanent Resident Card to expire if not living in the US for over a year, it shouldn't make a difference as far as the validity of my card. Or am I wrong?

That exemption is for permanent residents who are accompanying their spouse who is in the military. Once you separate, unless the separation is temporary and for military reasons (e.g. suppose he is regularly based in Saudi Arabia but they send him on missions to Iraq, you wouldn't be expected to follow him into Iraq) and not marital or other personal reasons, you lose that protection because you are no longer accompanying your spouse.

According to his orders we would officially reside outside of the US for another 4 years and as far as I know any overseas bases are considered US territory.

For immigration purposes they're not considered to be part of the US.