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Old Apr 14th 2013, 1:51 am   #1
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Default Divorce - Permanent Resident Card Holder

Hello,

I'm living in the US (Self Employed) and going through a divorce. Trying to understand my rights to remain based on the false statements in the proposed Marital Settlement Agreement that will create the final divorce decree.

I received Permanent Resident Card status August 2009 after the two year period etc. We married in early 2007. We separated late 2011. Attorney for Spouse filed a divorce petition late 2010 and then delayed service of the divorce petition to 2012. The divorce petition had several false statements to include a Jan 2009 separation date, despite the fact we remained together to late 2011. I suspect this is to cause residency issues for myself as the false date of separation (Jan 2009) is 8 months prior to receiving the Permanent Resident Card - The card was issued for 10 years.

I'm trying to settle matters and the Marital Settlement Agreement proposed states the false Jan 2009 separation date and not the correct date of December 2011. I have objected and I'm keen to understand views and if this false 2009 separation date could be an issue for me moving forward.

I have not decided what my plans are once divorced, and simply want to keep my options open and understand any potential issues I may face.

Any help appreciated.
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Old Apr 14th 2013, 2:39 am   #2
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Default Re: Divorce - Permanent Resident Card Holder

Consult an attorney. Your situation has many risks if not handled appropriately. The one thing you should do is identify and document as many joint events you participated between 2009 and your separation in 2011. Events might include travel, hotel stays, family + social events, concerts or sporting events etc. and evidence would include photographs, tickets, receipts, or if all else fails, credit card records, and witness statements, so occasions you spent with your friends and relatives should be easiest to document. The more things you can document during the disputed period, the better.
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Old Apr 14th 2013, 4:41 am   #3
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Default Re: Divorce - Permanent Resident Card Holder

I think you are asking if your US status as PR is safe? You have a 10 year green card, and it sounds like you removed conditions after 2 years. like me.
If that is so, the divorce proceedings, however messy, will have zero effect on your immigration status.

edit to add: If wife is attempting to deny the validity of the marriage at the removal of conditions stage, she is likely to commit or admit perjury.
Also, she is probably your sponsor, and financially liable for 10 years, or until you become a Citizen.
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Last edited by RICH; Apr 14th 2013 at 5:03 am.
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Old Apr 14th 2013, 7:16 am   #4
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Default Re: Divorce - Permanent Resident Card Holder

You say you 'received a permanent residency card after the 2 year period' so I assume you hold a full 10 year green card. If thats the case then you're fine, although no longer being married to a USC means you are not eligible for naturalisation until 5 years as a PR rather than 3.
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Old Apr 14th 2013, 5:52 pm   #5
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Default Re: Divorce - Permanent Resident Card Holder

Partially incorrect and incomplete. She could be bound by the Affidavit of Support for a lot longer than 10 years, not enough information has been provided for us to know. See the I-864 itself for the situations under which the I-864 is terminated.

Regards, JEff

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Also, she is probably your sponsor, and financially liable for 10 years, or until you become a Citizen.
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Old Apr 14th 2013, 6:16 pm   #6
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Default Re: Divorce - Permanent Resident Card Holder

1. Did you get LPR status first because your marriage was over the 2 year period or

2. did you have to file for removal of conditions because you were a CPR?

3. If 2, then when and how did you file the I-751?
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Old Apr 14th 2013, 6:29 pm   #7
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Default Re: Divorce - Permanent Resident Card Holder

Discuss with your attorney, but in general you should not accept or sign any document that has a version of events that is inconsistent with what was filed with Immigration.
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Old Apr 14th 2013, 6:57 pm   #8
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Default Re: Divorce - Permanent Resident Card Holder

Talk to your attorney. You do not give your location. Date of Separation often has non-immigration effects in family law proceedings.
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Old Apr 14th 2013, 8:05 pm   #9
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Default Re: Divorce - Permanent Resident Card Holder

Quote:
Originally Posted by venture21 View Post
Trying to understand my rights to remain based on the false statements in the proposed Marital Settlement Agreement that will create the final divorce decree.
I'm not surprised you're having difficulty with this. Quite simply, one is not dependent on the other. Your right to remain in the US has nothing whatsoever to do with the settlement agreement. Until you understand this, you will be looking for non-existent information.

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