View Full Version : How divorce works if its one's fault

07-02-2010, 08:54 AM
This is for my dearest cousin. She did marriage in all good faith and came to US on marriage visa 8 months back. She is still in conditional green card period. Her husband has no job since long time, no resources and has minor psychological issues. He says he can't support her.

1. I think she has to file I-751 after 2 yrs. What all documents will be sufficient to prove bonafied marriage?
2. Can other aspects matter like whose fault it was (breakup) and any documents are their to prove that fault.
3. After the divorce, are old affivadits of support ( from spouse or somebody else) still valid ?. Or they become invalid like in case of spouse death. How long will they be valid - till she files I-751 or afterwards too
So I believe a divorce case goes same way as death of spouse, the only difference is that in former one has to prove that marriage was bonafied. And I believe her re-marriage will not effect the whole process. Pl correct me.

07-02-2010, 05:04 PM

If she gets a divorce, then she will lose her status as a greencard holder. She will have to go back to her home country. She really should seek the advice of a divorce and immigration attorney.

07-08-2010, 11:25 AM
sooner what will be the scenario if they have a child together and the child is living with the mother???

07-09-2010, 10:59 AM
If the Child is a US citizen, then the mother can can try to file papers saying that she needs to remain in the US to look after the child and try to re gain her status (This is again subjective if she can be succesful).

If the child is not a US citizen then the child will also loose his/her status and will have to return to the home country the child is a citizen of.

07-09-2010, 01:12 PM
Having a child does not change anything. Parent does not get any immigration rights in the U.S. if he/she has minor U.S. citizen child.