Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Jan 2016
    Posts
    5

    Default What Happens if you Get Divorced While Your Permanent Residency is Still Conditional

    I am still on conditional status, waiting for the 2-year term to end until i will be granted permanent residency. I entered into a marriage in good faith, but seems things are not working on us. My US citizen spouse seems to be filing a divorced. I read about this waiver. Can anyone elaborate on this please? What will happen to my immigration status?
    Another problem is, I'd like to visit my aging parents this coming June. but since I am about to face this divorce, what is my chance of being re-admitted here after visiting my old-age parents?
    I need help. Thank you

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Happens if you Get Divorced While Your Permanent Residency is Still Conditio

    If you want to try to remove the conditions of your permanent residency despite your divorce, file Form I-751 and establish to the satisfaction of the USCIS that you entered into a bona fide marriage and that that valid reasons exist to allow an exception to the joint filing requirement. If you are unsure about whether the USCIS will approve your request, you should consult an immigration lawyer for assistance.

  3. #3
    Join Date
    Jan 2016
    Posts
    5

    Default Re: What Happens if you Get Divorced While Your Permanent Residency is Still Conditio

    Thanks Mr Knowitall.
    Before I consult a lawyer, I'd like to ask around first.
    In your experience of reading and replying to this forum, what could be the chance that the the I-751 be approved? What benefit will I get if this becomes approved? I am aware that I can file it by myself. THanks again.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Happens if you Get Divorced While Your Permanent Residency is Still Conditio

    It will depend on the facts.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What Happens if you Get Divorced While Your Permanent Residency is Still Conditio

    Quote Quoting Maganda
    View Post
    Thanks Mr Knowitall.
    Before I consult a lawyer, I'd like to ask around first.
    In your experience of reading and replying to this forum, what could be the chance that the the I-751 be approved? What benefit will I get if this becomes approved? I am aware that I can file it by myself. THanks again.
    If your petition is approved, you become a permanent resident (unconditional), and enjoy all of the benefits available to every other legal non-citizen.

    Quick question. Did he sponsor your residency with the I-864?

  6. #6
    Join Date
    Jan 2016
    Posts
    5

    Default Re: What Happens if you Get Divorced While Your Permanent Residency is Still Conditio

    And when will this unconditional permanent resident take effect.
    Yes, he sponsored me by filling I-864.
    Thank you for the information.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What Happens if you Get Divorced While Your Permanent Residency is Still Conditio

    Quote Quoting Maganda
    View Post
    And when will this unconditional permanent resident take effect.
    Yes, he sponsored me by filling I-864.
    Thank you for the information.
    It will take effect the second - quite literally - that the agent stamps your passport after your interview (typically you'll have to wait for your new card).

    If you want to visit your mother, you should be okay with your passport and your current conditional card but you may want to look here if you're concerned that you may have trouble re-entering the country. https://www.uscis.gov/green-card/gre...avel-documents

    Finally, the I-864. This is where I absolutely and vigorously advise you to speak to an attorney asap. Obviously I don't know details of your financial situation but your husband does have a legal obligation to ensure you don't become what's called a "public charge" (basically welfare). Are you familiar with the obligation?

  8. #8
    Join Date
    Jan 2016
    Posts
    5

    Default Re: What Happens if you Get Divorced While Your Permanent Residency is Still Conditio

    Through readings, I gained little knowledge of I-864. That he should financially support me even we are living separately or divorced. But as to the amount, I have not delve into it yet. Should he still support me even I (will) get a 'decent' job?

    Will divorce terminate my conditional status? If so, that would make my conditional card "not good " for traveling outside US.

    Thank you, I'm enlightened. I believe you know how devastating it is to be left alone by yourself in a foreign land.

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What Happens if you Get Divorced While Your Permanent Residency is Still Conditio

    As long as you entered into the marriage in good faith, getting divorced is not going to negatively affect you.

    Your husband is responsible for ensuring that you are supported for up to 125% of the Federal Poverty Level which averages out around $1100/month (give or take). If you work, this amount would be deducted from his obligation. Divorce does not negate the obligation, either.

    If you earn more than that, then his obligation is fulfilled (for that time period at least).

    (Yes, I'm also an immigrant who was divorced, though at a different stage in the immigration journey )

  10. #10
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: What Happens if you Get Divorced While Your Permanent Residency is Still Conditio

    He may be required to support you during the divorce process under family law requirements which are different than immigration requirements. Since you are expecting to be served with divorce papers, seek assistance of a family law attorney sooner rather than later. One with experience in immigration issues would be best so you know what you should have to demonstrate a good faith marriage. These documents may be more difficult to obtain one you are not living together.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Marriage: Legally Entered and Obtained a Conditional Green Card, but Divorced
    By BasariStudios in forum Visas for Business, Tourism and Family
    Replies: 3
    Last Post: 08-17-2012, 09:27 PM
  2. Legal Permanent Residency: Abandoning Conditional Residency
    By kkkk3 in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 11-15-2011, 11:33 PM
  3. Denied Removal of Conditional Residency
    By Z3phyr in forum Immigration Issues
    Replies: 1
    Last Post: 07-11-2009, 09:16 AM
  4. Divorce: Filed Divorce 1-1/2 Months After Husband Was Granted Conditional Residency
    By divorcedsoon in forum Divorce, Annulment and Separation
    Replies: 5
    Last Post: 08-10-2008, 05:02 PM
  5. Marriage: I-751 Removal Of Conditional Residency
    By mmadsen55 in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 02-18-2008, 04:07 AM
 
 
Sponsored Links

Legal Help, Information and Resources