Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Retaining Green Card after divorce.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Retaining Green Card after separation with my spouse

    Hi!
    I married a US citizen and got my GC at the end of 2014. It's 2-year conditional GC. Now we are having issues with my spouse, it seems like our marriage is not working out. I've been thinking about moving out and renting an apartment on my own (luckily, I have a decent job, so I can afford it).

    My question is: If I move out but we will be still legally married, can it cause any issues with USCIS in the future? Ann, if I rent an apartment in my name, I will have to file "Change of Address" form with USCIS, right? So, they will see that we no longer live together. My spouse is willing to stay legally married till I can get conditions removed, but my biggest concern is about change of address and living separately. Does it matter for USCIS? And if yes, what is the right way to do it?

    Thank you in advance for your answers!
    I will appreciate any help...

    Comment


    • #17
      Monti89,

      You are in the "dead zone" - you don't have functioning marriage to get your green conditions removed on the basis of your marriage, and you are don't have a divorce decree to get your green card conditions removed on the basis of good faith marriage.

      You should work towards one end of the spectrum or the other - at least until your conditions are removed.

      Comment


      • #18
        An address change won't be an issue until you apply for "Removal of Conditions," using form I-751. At that time, if you jointly file, having separate addresses from each other will be a serious "red flag."

        --Ray B

        Originally posted by Monti89 View Post
        Hi!
        I married a US citizen and got my GC at the end of 2014. It's 2-year conditional GC. Now we are having issues with my spouse, it seems like our marriage is not working out. I've been thinking about moving out and renting an apartment on my own (luckily, I have a decent job, so I can afford it).

        My question is: If I move out but we will be still legally married, can it cause any issues with USCIS in the future? Ann, if I rent an apartment in my name, I will have to file "Change of Address" form with USCIS, right? So, they will see that we no longer live together. My spouse is willing to stay legally married till I can get conditions removed, but my biggest concern is about change of address and living separately. Does it matter for USCIS? And if yes, what is the right way to do it?

        Thank you in advance for your answers!
        I will appreciate any help...

        Comment


        • #19
          Retaining Green Card after separation with my spouse

          Originally posted by rayb View Post
          An address change won't be an issue until you apply for "Removal of Conditions," using form I-751. At that time, if you jointly file, having separate addresses from each other will be a serious "red flag."

          --Ray B
          Inadmissible, Ray B,

          Thank you for such a quick answers!
          Can I ask for your opinion in my case?
          What will be the best solution for me? Stay legally married not living together, and then file jointly for conditions removal? Or get legally divorced and file for myself when the time comes?
          My marriage is bona fide, it's just not working out... In which case you think I will have better chances with USCIS? I don't want to do anything illegal, I'm just trying to figure out the possible options. Will it matter that I have a full time job, can provide for myself, and pay taxes?

          Thank you.

          Comment


          • #20
            Any answers I give you will be dependent on how long you have been married, how long you have lived together, and whether you have evidence of counselling, abuse or police intervention. You've mentioned none of these things.

            The very first proof that is reviewed is that of "living together." If the reviewer opens the folder and see separate addresses for both of you, you're already on his bad side. A waiver from joint filing because of divorce doesn't change what the reviewer needs to see.

            --Ray B

            Originally posted by Monti89 View Post
            Inadmissible, Ray B,

            Thank you for such a quick answers!
            Can I ask for your opinion in my case?
            What will be the best solution for me? Stay legally married not living together, and then file jointly for conditions removal? Or get legally divorced and file for myself when the time comes?
            My marriage is bona fide, it's just not working out... In which case you think I will have better chances with USCIS? I don't want to do anything illegal, I'm just trying to figure out the possible options. Will it matter that I have a full time job, can provide for myself, and pay taxes?

            Thank you.

            Comment


            • #21
              Retaining Green Card after separation with my spouse

              Originally posted by rayb View Post
              Any answers I give you will be dependent on how long you have been married, how long you have lived together, and whether you have evidence of counselling, abuse or police intervention. You've mentioned none of these things.

              The very first proof that is reviewed is that of "living together." If the reviewer opens the folder and see separate addresses for both of you, you're already on his bad side. A waiver from joint filing because of divorce doesn't change what the reviewer needs to see.

              --Ray B
              Ray b,
              Sorry for providing not enough information... We have been married for 1 year and 7 months now, but I permanently moved to the US at the end 2014, having an immigration visa and package of papers for immigration officer. I got y GC in Oct 2014. Since I moved here, we have lived together (8 months). No evidence of marriage counseling or abuse, and no police intervention. There have been no physical abuse whatsoever. It's the case when some little things are slowly piling up to the point when it's impossible to put up. I am still hoping to save the marriage, just not sure it's gonna work...
              Sorry for bugging you too much. I just don't have anyone in this country to consult with, and you're the first person to give me qualified and laconic answers. You seem to know the stuff
              Thank you.

              Comment


              • #22
                Unless you get a divorce, which will add more complexity to your "removal of conditions," you should try to continue maintaining the same address until the 90-day countdown for expiration of your two -year card.

                Obtain proof of counselling.

                Try to keep the relationship going for as long as possible.

                --Ray B

                Originally posted by Monti89 View Post
                Ray b,
                Sorry for providing not enough information... We have been married for 1 year and 7 months now, but I permanently moved to the US at the end 2014, having an immigration visa and package of papers for immigration officer. I got y GC in Oct 2014. Since I moved here, we have lived together (8 months). No evidence of marriage counseling or abuse, and no police intervention. There have been no physical abuse whatsoever. It's the case when some little things are slowly piling up to the point when it's impossible to put up. I am still hoping to save the marriage, just not sure it's gonna work...
                Sorry for bugging you too much. I just don't have anyone in this country to consult with, and you're the first person to give me qualified and laconic answers. You seem to know the stuff
                Thank you.

                Comment


                • #23
                  Sponsoring a new husband.

                  Hello, I am very confuse and I do not know how to continue my life.
                  I was married for 9 years. My ex-husband was a Green Card holder. I got my Green Card 8 years after we got married. We divorced 1 year after I've got my Green Card. I have the 10 years Green Card. Now I have had the Green Card for 4 years. I re-married an European 1 year after divorcing.
                  I want to sponsor my new husband to have the Green Card, so that we can be together and have kids.
                  My questions are: Can I sponsor him if I've got the Green Card (10 years GC) for over 4 years? Can I sponsor my new husband even when I got the Green Card by marriage?
                  I'm still using my ex-husband name: Do I need to change my name before I can sponsor my new husband? Changing my Green Card name will affect my immigration status, and the possibility of naturalization?
                  Thanks so much for your help!

                  Comment


                  • #24
                    permanent green car and divorce

                    well the situation is my girlfriend shes from the Philippines and in a broken marriage and shes been married for or more then 8 yrs her ex is an american and so im i.. shes afraid to lose her permenant redincey because she wants to get divorce and marry me ...shes lived with me more then a yr but went back to him because she wanted to ask him for the divorce and she feels that he may do something to jeopardize her permanent green card and will ruin our chance to get married.... what do or what can she do

                    Comment


                    • #25
                      Filling for CG after divorce

                      Hi, i withdraw my case to reapply again after my divorce completed. I got my conditional GC for 2 years, and after that things went to wrong path, after a lot of fight and argue one day she packed her things and left the apartment. After an year back and forth i filed for the divorce. and send my papers to Immigration based on my divorce. What are the odds of getting Permanent GC ? We've been married 4 years after all.

                      Comment


                      • #26
                        Can I file a divorce after the GC?

                        Hi! We've been in the US for 13 years and legally married for 15 years. However, we lived together for only 2 years then we separated because of individual differences. Both of us got the GC last year. Is it the right time to file a divorce? Thank you.

                        Comment


                        • #27
                          Hi I been married for 3years my wife just received her green card in September. I never filed on her behalf and my wife took my social security and I.d. to a immigration lawyer. they behind my back used it to obtain a green card. She recently move out and I saw and have the emails with card and lawyer name. Should i report it as fraud?

                          Comment


                          • #28
                            Will divorce affect my re entry to the US if I have a permanent green card

                            I was married for 3 years and just received my permanent green card 4 months ago. In 2015 I’ve become really sick after getting diagnosed with renal failure, which made me deintersted in living or communicating with anyone and i ended up with more than $150k worth of medical bills and credit card debt for staying for more than 17 Times at the hospital over the period of 2 and a half years , I had no other option but to file for bankruptcy and I had to file for divorce in order to protect my wife from debtors wages garnishment bc she was already caring for her ill mother and will not be able to afford a garnishement And also I would not be able to accept Letting her go on hardship bc of my medical condition since I’m almost giving up on life bc of dialysis.
                            So I moved out to a new place and filed for bankruptcy exactly one month after the divorce.
                            Will the divorce affect my re-entry to the US if I happen to travel to Canada to get medication bc I can’t afford the cost in the US, will I be able to renter the US or will I have issues if I can show the timing of bankruptcy and divorce and that both are connected and I did it in good faith so my wife does not have to suffer the consequences of my sickness.
                            My permanent green card was issued on August 1st 2017 and I filed for divorce in 11/29/17 and the bankruptcy is in progress.
                            Please advise.

                            Comment


                            • #29
                              If you have your 10-year Green Card, your divorce is not an issue, and entering and returning from Canada should not present any problems.

                              --Ray B

                              Originally posted by MoBen View Post
                              I was married for 3 years and just received my permanent green card 4 months ago. In 2015 I’ve become really sick after getting diagnosed with renal failure, which made me deintersted in living or communicating with anyone and i ended up with more than $150k worth of medical bills and credit card debt for staying for more than 17 Times at the hospital over the period of 2 and a half years , I had no other option but to file for bankruptcy and I had to file for divorce in order to protect my wife from debtors wages garnishment bc she was already caring for her ill mother and will not be able to afford a garnishement And also I would not be able to accept Letting her go on hardship bc of my medical condition since I’m almost giving up on life bc of dialysis.
                              So I moved out to a new place and filed for bankruptcy exactly one month after the divorce.
                              Will the divorce affect my re-entry to the US if I happen to travel to Canada to get medication bc I can’t afford the cost in the US, will I be able to renter the US or will I have issues if I can show the timing of bankruptcy and divorce and that both are connected and I did it in good faith so my wife does not have to suffer the consequences of my sickness.
                              My permanent green card was issued on August 1st 2017 and I filed for divorce in 11/29/17 and the bankruptcy is in progress.
                              Please advise.

                              Comment


                              • #30
                                let it go she is your wife

                                Comment

                                {{modal[0].title}}

                                X

                                {{modal[0].content}}

                                {{promo.content}}

                                Working...
                                X