Divorce after green card

[Gwarming82]

Hi
I just got green card (valid for 2 years) few days ago. It showing on top permanent resident. I also got work permit and will get social security card after 3 weeks. In this circumstances my wife wants to divorce me. So what will happen with my status in usa? What should i do now? Would i have to deport or what? Please reply me. Thanks

[rayb]

Gwarming,

Sorry to hear of your circumstances. The first thing you should do is submit form I-90, by mail or online, to obtain a replacement card. It will cost you $450.

When you are within 90 days of your two-year card expiring, submit form I-751 (Removal of Conditions) to apply for a waiver from the joint-filing requirement and to report your divorce. You will not have to leave the U.S. unless you fail to request the waiver and/or fail to show up at at scheduled interviews. It will be your responsibility to present credible evidence to explain why the marriage did not work out.

--Ray B

Hi
I just got green card (valid for 2 years) few days ago. It showing on top permanent resident. I also got work permit and will get social security card after 3 weeks. In this circumstances my wife wants to divorce me. So what will happen with my status in usa? What should i do now? Would i have to deport or what? Please reply me. Thanks

[Gwarming82]

Replacement

Gwarming,

Sorry to hear of your circumstances. The first thing you should do is submit form I-90, by mail or online, to obtain a replacement card. It will cost you $450.

When you are within 90 days of your two-year card expiring, submit form I-751 (Removal of Conditions) to apply for a waiver from the joint-filing requirement and to report your divorce. You will not have to leave the U.S. unless you fail to request the waiver and/or fail to show up at at scheduled interviews. It will be your responsibility to present credible evidence to explain why the marriage did not work out.

--Ray B

Dear Ray B,
Thanks for your suggestion. What means replacement? Does it mean i have to apply for new green card or what, instead of current green card(valid till 03/04/18)? And if i apply for I-90 can i stay in usa as usual and can work? Because my life is messed up now and i have no way to return back to my country. I really wanted a happy life with loving wife. But my wife always fight with me. And she now telling that she will divorce me. And in this way as you said if i file I-90 and I-751 in time then can i get citizenship by the way? Can i vote for national election as like others?
You said i will not have to leave the US unless i fail to request the waiver within 90 days of my card expiring. But if i apply for I-90 will USCIS give me another card of another type or like what? And what is conditional or unconditional green card and how to be eligible for that with this situation?
Please help me with reply.

[rayb]

Sorry, I misunderstood your original message and thought you had lost your Green Card. Disregard what I said about the form I-90. If your current Green Card is good until 2018, you don't have to do anything right now. You are supposed to report to USCIS when you are divorced, but in case something changes with the divorce I would recommend not reporting to USCIS until you are within 3 months of the Green Card expiration date.

--Ray B

Dear Ray B,
Thanks for your suggestion. What means replacement? Does it mean i have to apply for new green card or what, instead of current green card(valid till 03/04/18)? And if i apply for I-90 can i stay in usa as usual and can work? Because my life is messed up now and i have no way to return back to my country. I really wanted a happy life with loving wife. But my wife always fight with me. And she now telling that she will divorce me. And in this way as you said if i file I-90 and I-751 in time then can i get citizenship by the way? Can i vote for national election as like others?
You said i will not have to leave the US unless i fail to request the waiver within 90 days of my card expiring. But if i apply for I-90 will USCIS give me another card of another type or like what? And what is conditional or unconditional green card and how to be eligible for that with this situation?
Please help me with reply.

[Gwarming82]

Status

Sorry, I misunderstood your original message and thought you had lost your Green Card. Disregard what I said about the form I-90. If your current Green Card is good until 2018, you don't have to do anything right now. You are supposed to report to USCIS when you are divorced, but in case something changes with the divorce I would recommend not reporting to USCIS until you are within 3 months of the Green Card expiration date.

--Ray B

Hello Ray,
So what will happen if my wife divorce me now? Can i stay in US or i have to deport? Its showing valid till 2018. Please reply me in details about what may happen with me in this situation? If she divorce can i stay in US till 2018 carrying this green card? And what will happen after 2018 and what would i have to do? Can not i be citizen ever? Actually i am in great problem now with my wife and i have no way to go back to my country. Please help me with proper advice. Thanks

[rayb]

If you divorce soon, you will not have any problems with your status until your Green Card is about to expire. During the Conditional Card status, USCIS expects you to report the divorce and apply for a waiver to remove conditions, but you really don't need to do that until your card is within 90 days of expiration (as your relationship might rekindle, etc.).

When you are within 90 days of your Conditional status expiring, you will need to apply for a waiver with form I-751 and the $590 fee, and provide evidence that the marriage termination was through no fault of yours, with proof of living together, sharing of financial affairs, AND PROOF OF MARITAL COUNSELING TO KEEP THE MARRIAGE INTACT.

--Ray B

Hello Ray,
So what will happen if my wife divorce me now? Can i stay in US or i have to deport? Its showing valid till 2018. Please reply me in details about what may happen with me in this situation? If she divorce can i stay in US till 2018 carrying this green card? And what will happen after 2018 and what would i have to do? Can not i be citizen ever? Actually i am in great problem now with my wife and i have no way to go back to my country. Please help me with proper advice. Thanks

[faraz757]

i 751 Waiver and Part 4 and Part 8

I am filling my i 751 waiver after divorce. On part 4 they have asked about the US citizen spouse information which I have filled as I am filling separately (got divorced). Now on Part 8 it automatically populate my spouse name though we got divorced and I am not filling the joint petition. Please let me know what I need to do??

Thanks and Regards.

[rayb]

Take off your ex-husband's name from earlier in the form. He is no longer your "basis" for "Removal of Conditions."

--Ray B

I am filling my i 751 waiver after divorce. On part 4 they have asked about the US citizen spouse information which I have filled as I am filling separately (got divorced). Now on Part 8 it automatically populate my spouse name though we got divorced and I am not filling the joint petition. Please let me know what I need to do??

Thanks and Regards.