Retaining Green Card after divorce.

[MikeJohnsonGuy]

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. 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.

[Kirstine]

What date did she gain her green card? If she has had it 3 years from the date it was issued and you have been married for those three years she can go ahead and start applying for citizenship, married still or not. If you don't stay married for three years from the date it was issued they will add on two more years probation before she can apply for citizenship, she won't lose her green card unless she leaves the country for two long without and advance parole document or does anything else to jeopardize it (not filing taxes etc etc!). But if she has the ten year card (without the restrictions) she won't lose it through divorce.

Hope that helps! I wish my ex husband had been that nice!! I got two years added to my probation so am still waiting to apply for my citizenship!

Good luck!

Kirstine

[MikeJohnsonGuy]

Thank you very much Kristine. She received her green card in March of 2010 so I guess the 3 years is fulfilled. What forms do we have to fill out? I'm assuming atleast the 751 are there any others?

[Kirstine]

As far as I know it'd only be the 751, then once the conditions are removed its hers for 10 years and not dependent on you two being married anymore. She can also go straight into filing for her citizenship if she wanted to, otherwise she will have to replace her green card once you're divorced if she changes her name (back to her maiden name etc)

Hope this helps

Good luck!

Kirstine

[Strivin4balance]

As far as I know it'd only be the 751, then once the conditions are removed its hers for 10 years and not dependent on you two being married anymore. She can also go straight into filing for her citizenship if she wanted to, otherwise she will have to replace her green card once you're divorced if she changes her name (back to her maiden name etc)

Hope this helps

Good luck!

Kirstine

Hi Kirstine ,

Sorry to intrude but I have a question if you don't mind, if a spouse of a USC has had the green card for more than 5 years and now they are looking to get divorced, however the wife has not completed the requirement of the physical stay in the US ( which is half the 3 year time or 18 months ) . Would she still be required to complete the 18 month stay even after she is divorced or would the length of time required for the physical stay change to be half the 5 year period ?

Thanks

[Kirstine]

Hey there!

I don't know for 100% sure but from what if found with my immigration situation I would say that if she hasn't been here for the required time then after divorce in order to keep her green card and later apply for citizenship she would be put in the 5 year bracket. Then she would have to stay half the five years in the US, do her taxes, prove she's working here and not outside the country, she could also apply for an advance parole for up to 12 months outside the US without losing her chance for citizenship later (at least one of her trips could be for more than 6 months then)

Hope that makes sense and helps some!

K

[rayb]

Kirstine,

If she is divorced when she applies for Naturalization, she must have had her Green Card for at least 4 years and 9 months.
Time outside of the U.S. of more than 6 months per visit may be used by the interviewer, on a discretionary basis, to disallow some of her waiting time. In addition your "half-time" formula is not recognized by all interviewers. An Advance Parole does not eliminate the requirement that she minatain a domicile in the U.S. (does not abandon Green Card status).

While one's interpretation of the rules for Naturalization eligibility, interpretation of meeting the "continuous residency" requirement can vary. I've seen some applicants who were clearly out of the U.S. beyond the presumed allowable time get approved because they "presented" themselves well. I've seen others who were practically "interrogated" by several interviewers at one time over minor issues (how they answered questions, visas denials years before, divorces, etc.).

--Ray B

Hey there!

I don't know for 100% sure but from what if found with my immigration situation I would say that if she hasn't been here for the required time then after divorce in order to keep her green card and later apply for citizenship she would be put in the 5 year bracket. Then she would have to stay half the five years in the US, do her taxes, prove she's working here and not outside the country, she could also apply for an advance parole for up to 12 months outside the US without losing her chance for citizenship later (at least one of her trips could be for more than 6 months then)

Hope that makes sense and helps some!

K

[Catalopez]

Recently Marriaged

Hi!! I came last year under the K1 visa and i got marriend in December. this year i received my green card in July. My marriage isnt going good and we have think to get divorced but i am not sure if i lose the green card since it hasnt been much and it still have the conditions. We got married in good faith but the things just hasnt workout. Help i am lost what i should do cause i am affraid to lose the green card afterall i left behind. Catalina

[rayb]

Catalopez,

Since you have not yet been in Green Card status for a year and are talking divorce, you will have a hard time when you apply for your 10-year card (Removal of Conditions). You will need ample documented proof that the relationship failure was not your fault. Proof of marriage counselling, police reports, hospital reports are the type of evidence you need. Without them, the burden of proving the divorce was not your fault will depend on on third-party evidence you can provide.

The rule of thumb that USCIS uses is that you provide proof of living together for at least a year, with commingling of financial affairs during that period.

--Ray B

Hi!! I came last year under the K1 visa and i got marriend in December. this year i received my green card in July. My marriage isnt going good and we have think to get divorced but i am not sure if i lose the green card since it hasnt been much and it still have the conditions. We got married in good faith but the things just hasnt workout. Help i am lost what i should do cause i am affraid to lose the green card afterall i left behind. Catalina

[FoxyRoxy]

Agreed upon separation date & retaining green card

Hi,

I am a US Citizen and I sponsored my ex from Mexico who had been in the US illegally. We got married and only stayed married for a total of 4 years 5 months. He was granted residency based on the fact that he needed to stay in the country to provide for me, rather than completing the application process from Mexico. He received his Permanent Residency Status and card around our 4 year anniversary. We have had a long drawn out complicated break up and cohabitated together for a couple years after breaking up. Which has also led to a very long and hard divorce involving no children.

Now we are at the very end of our divorce and he wants to change our agreed upon separation to around our 5th anniversary.

This raises several questions for me:

-is he in risk of having his status removed because we were not together for 5 years?
-is he at risk of having his status removed because we were not together for 1 year after receiving his permanent residency status?
-if there are 2 DUI's, gambling addiction something that puts me at risk because I sponsored him?
-What happens if we lived together and had were still legally married but were broken up and led separate lives past the agreed upon separation date that is agreed upon in our divorce agreement to his residency status?

**I am worried that the end product of this messy divorce puts me or him in a bad place with out realizing it.

Any help would be greatly appreciated!

[rayb]

Was your husband given a 10-year Green Card? If not, for how long was his Green Card and when does it expire?

Hi,

I am a US Citizen and I sponsored my ex from Mexico who had been in the US illegally. We got married and only stayed married for a total of 4 years 5 months. He was granted residency based on the fact that he needed to stay in the country to provide for me, rather than completing the application process from Mexico. He received his Permanent Residency Status and card around our 4 year anniversary. We have had a long drawn out complicated break up and cohabitated together for a couple years after breaking up. Which has also led to a very long and hard divorce involving no children.

Now we are at the very end of our divorce and he wants to change our agreed upon separation to around our 5th anniversary.

This raises several questions for me:

-is he in risk of having his status removed because we were not together for 5 years?
-is he at risk of having his status removed because we were not together for 1 year after receiving his permanent residency status?
-if there are 2 DUI's, gambling addiction something that puts me at risk because I sponsored him?
-What happens if we lived together and had were still legally married but were broken up and led separate lives past the agreed upon separation date that is agreed upon in our divorce agreement to his residency status?

**I am worried that the end product of this messy divorce puts me or him in a bad place with out realizing it.

Any help would be greatly appreciated!

[FoxyRoxy]

Retaining Green Card after divorce

I'm not 100% certain. It was either 10 or 5.

[rayb]

I don't believe Green Cards are given in 5-year increments (visitor visas are , but not Green Cards), though I am willing to be corrected.

Why don't you confirm if he has a 2-year Green Card or a 10-year Green Card and the expiration date.

--Ray B

I'm not 100% certain. It was either 10 or 5.

[FoxyRoxy]

Retaining Green Card After Divorce

I have learned that he was granted residency on 2/20/09 & I have a notice dated for 10/26/09 confirming his "application to adjust to permanent resident status" was Approved.

"Adjustment as direct beneficiary of immigrant petition" is right under the "APPROVAL NOTICE"

I have also learned that he has been paying taxes since 2001.

[rayb]

Your husband probably has a 10-year Green Card. If the marriage ends tomorrow, there are no immigration-related consequences to such a termination. As sponsor, however, you are still on the hook, financially, until his 10-year Green Card anniversary on 2/20/2019, unless he becomes a U.S. citizen before that.

--RayB

I have learned that he was granted residency on 2/20/09 & I have a notice dated for 10/26/09 confirming his "application to adjust to permanent resident status" was Approved.

"Adjustment as direct beneficiary of immigrant petition" is right under the "APPROVAL NOTICE"

I have also learned that he has been paying taxes since 2001.