Divorce What will Happen..
Wife is a GC holder, im a USC,
we have been married for 2 yrs... What will happen to her if we got divorced?
Will she be able to stay in the states? Will she be able to become a USC whenever that becomes possible?
I thought we needed to be married for a certain period of time?
We got married because we loved eachother, no other reason...
Can someone shed some light on this area for me??
ThankYOU
well, lets see. Did she get a permanent or a conditional GC? was her GC approved before or after your second wedding anniversary (or did she enter with an immigrant visa before or after your second wedding anniversary)?
If after, then she has a permanent GC, you can divorce at any time.
If she has a conditional GC, then she will have to remove conditions by proving that the marriage was bona fide and was entered into out of love, and not solely for immigration purposes.
If you divorce before you can jointly file for removal of conditions (has to be done within 90 days before the expiration of her conditional card) or after you jointly file but before the removal of conditions is granted, then she will have to file alone as soon as divorce is final. If she can prove that marriage was bona fide, she will get to keep her GC. If not, she will be offered a voluntary departure.
To prove a bona fide marriage, a statement from a UCS spouse would help, along with other proof of "joint life".
Hi LucyMO
thank you for your reply,
she was approved the GC before our 2nd anniversity...
So it sounds like she has a conditional green card?! right?
I can prove that it was a bona fide marriage, with a letter, and tax returns, and what else... hmm..
How much longer do you think she has to wait to become a US citizen?
I wouldnt want her to lose her green card....
Hi LucyMO
thank you for your reply,
she was approved the GC before our 2nd anniversity...
So it sounds like she has a conditional green card?! right?
I can prove that it was a bona fide marriage, with a letter, and tax returns, and what else... hmm..
How much longer do you think she has to wait to become a US citizen?
I wouldnt want her to lose her green card....
Hi:
On a personal note, I hope you have had some counseling, considered things carefully etc.
From an immigration standpoint, it is as Lucy described above. If you are sure you want to divorce, you should not continue the relationship just for immigration purposes. Many spouses filing separately after divorce are successful in proving a bona fide marriage ----- it all turns on the facts.
Your wife may want to consult an attorney to help her build a good case.
Best wishes.