Frenchie!

Hey folks been awhile, well well hope everyone is fine.. and enjoying the word cup.
My wife filed for divorce few months ago and I received a letter saying I did not need that need to do anything if I don't contest it..and the judge will grant her the divorce.
I did change my address with immigration informing them about our maritial problems, but never applied to get a new green card.
i've got the approval stamp in my passport and was thinking on going home for a quick holiday.
my question is do i need the actula card or can i used the 155 stamp for now?

Noorah101

Hi Frenchie,

I don't quite get it. Did you have your PR status before she divorced you? If so, was it the 2-year or 10-year one? If you hadn't already received your green card, does that mean you were approved at the AOS interview and got the stamp in your passport, but haven't yet received the actual green card? Is the divorce final yet?

I'd say if you have a valid I-551 stamp in your passport, you should be OK to travel. The I-551 stamp is proof of your PR status.

Rene

Frenchie!

yeah got approved for the ten year card at the interview. but the actual card took months to come during which time our marriage broke up and I was not home to get the card. my wife has it but she's refusing to give me it saying I should get a replacement. been busy with work and always hope of getting back with my wife but I think our divorce is almost finalized and I wanna go home for a short trip. will I be allowed in with just the stamp.? and how do I go about getting my card when I get back?

Elvira

Do you have a lawyer handling your divorce?

The GC is your property which she is not legally allowed to withhold.

If you don't want to go down that road, there is a form you can file to get a replacement GC (I-90?). Of course there's a fee...

Check www.uscis.gov

Frenchie!

I couldn't afford a lawyer and I don't want her paying me spousal support (she is very worried about that).
I never contested the divorce and I got a letter from her lawyer saying I don't have to do anything the marriage will be terminated..
just hoping I could use my stamp and when I get back file for the replacement card.

Noorah101

As long as that I-551 stamp is still valid, I don't see why you couldn't do this. Be aware that the replacement cards can take a long time to get (like up to a year), so if you still need proof after your current stamp expires, you'll have to go in person via Infopass to get another stamp in the meantime.

Best Wishes,
Rene

Martijn

I don't think your wife has any right to withhold your card. As far as
I know, the card remains an official document from the USCIS, and I bet
your wife withholding your card is illegal.

I think you would eventually be fine even when entering without your GC
or a non expired stamp in your passport, but it might take them quite
some time to double check your status. But do not take this as advice.
If your wife doesn't want to give you your GC, simply make an
appointment with the USCIS and explain the situation. You are a
non-conditional PR if I understand you correctly, so whatever goes on
between your (ex) wife and you changes nothing in regard to your PR
status.

Elvira

I don't think trying to explain the situation to USCIS will help - he'll just have to apply for a replacement GC and pay the fee...

Martijn

Elvira wrote:
    > I don't think trying to explain the situation to USCIS will help - he'll
    > just have to apply for a replacement GC and pay the fee...

I thought as in saving him the fee. Someone at USCIS might write his
wife to surrender the card to him. But that might be the idea from an
ignorant furugner who doesn't know yet the bureaucratic workings in the
usofa. :)

ian-mstm

I'm sure you did, but I'll ask anyway... have you considered telling her that you won't contest the divorce if she gives you the card? Whether you actually contest it or not doesn't really matter... she is already worried about support, so the suggestion may be enough to get her to pony up the card.

Ian

Rete

Play the game. Tell her if she doesn't give you the card, you will report her to the federal authorities. After all she is playing games with a federal document.

Capt. Tuttle

Frenchie! wrote:
    >>Do you have a lawyer handling your divorce?
    >>The GC is your property which she is not legally allowed to withhold.
    >>If you don't want to go down that road, there is a form you can file
    >>to get a replacement GC (I-90?). Of course there's a fee...
    >>Check www.uscis.gov
    >
    >
    > I couldn't afford a lawyer and I don't want her paying me spousal
    > support (she is very worried about that).
    > I never contested the divorce and I got a letter from her lawyer saying
    > I don't have to do anything the marriage will be terminated..
    > just hoping I could use my stamp and when I get back file for the
    > replacement card.
    >

Since you got a letter from her attorney you should send a letter back
to him or her telling him/her you want your card or else you just might
find that you do need support after all.

Frenchie!

I tried calling her but she's not taking my calls, don't even know if the divorce is final yet... do i need to get a lawyer or should I just file for a replacement card. I still have a valid k3 visa in my passport as well as the LPR stamp.

ian-mstm

Y'know, from what you've written, this seems to be a pretty important thing that's going on here. Are you saying that the only thing you could think to do was phone her? Respond to the letter... to the lawyer. Y'know... send a letter to the lawyer! And... if you really don't want to contest the divorce or bother with her illegally holding onto government property, then why are you here? If your stamp is valid... go... have a good time!

Ian

Wildandcrazy0525

here, here, you guys have said what I was going to say, but she might have been told by her lawyer to have no contact with you, send the letter to the lawyer, make her think you'l contest it and see what happens.