Retaining green card after divorce?

M

MikeJohnsonGuy

New Member
I am a USC, my wife is an immigrant with a 10 year Green card. She has been in the US legally for the last 10 years on work/school/OPT type visas and now her 10 year green card. We have been married for more than 3 years. We are not getting along at all anymore, but there are no serious problems, it just isn't working. We want to get divorced but neither one of us wants her to lose the greencard, despite everything I do still care about her. We didn't get married for the gc, but its still nice for her to have it obviously. How long do we have to wait to get divorced? and what do we have to do in order for her to retain her green card? Additionally, when we get divorced, will she still be able to apply for citizenship at some point? Thanks, Mike.
 
There is no way she will lose her green card. Nothing needs to be done. She can apply for naturalization (if she wants) after 5 years of being a permanent resident.
 
Even though your wife has a 10 year GC, if you do get divorce that doesn't release you from your I-864 obligations.

The grounds for a divorce and any waiting period to file is a family law state matter and you would need to check with a lawyer or the courts in your state in regards to the procedure to divorce.
 
Once she has a permanent (not conditional) green card, a divorce no longer affects her immigration status.
 
MikeJohnsonGuy said:
What are my I-864 obligations?
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When applying for her green card, you (the petitioner) needed to sign an Affidavit of Support (I-864), promising to provide her income if her income doesn't meet 125% of the poverty level, and that if she gets means-tested benefits, the government can sue you for it.
 
Hexa said:
Once she has a permanent (not conditional) green card, a divorce no longer affects her immigration status.
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Even with a conditional green card, a divorce does not affect the status as long as the marriage was bona fide at the time she got the green card.
 
newacct said:
Even with a conditional green card, a divorce does not affect the status as long as the marriage was bona fide at the time she got the green card.
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Yes, but she has to submit evidence to that effect and convince the CIS.
 
Divorce and a conditional GC

I have been here for 11 years on various visas. I met my now husband 9 years ago and we dated on an off over the years. 2 years ago we married, and he turned into super A%$ Hole, VERY controlling, (telling me where I can and cant go, who I can see and cant see, where I can apply for work). I can not live like this, its bad enough now that its causing me some health issues. My question is can I get divorced and continue with my GC application ?? Any one have any advise or experience with this kind of thing.
 
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