Gibbs

Need some advice please.

My wife and I are getting divorced but I need to know where I stand. I came to the US on a fiance visa in the summer of 2003, followed all the rules and now have my permanent residency card. If we get divorced, where do I stand? I want to stay in the US and our son was born here. Can I just get divorced and keep my permanent residency or am I going to have a harder time than that?

My wife said that she would do whatever it takes to help me stay in the US (we are divorcing on good terms) but I don't want to become a burden to her.

Thanks for any advice given.

ian-mstm

The big question is whether you have a 2-year conditional card, or the full 10-year card. If the latter, you'll be fine - get divorced and have a nice life. If the former, you must file form I-751 within 90 days of the expiry date on your 2-year card... and that's something that must be done jointly (if married) or on your own (if divorced). You *must* be divorced to file the I-751 on your own... being separated isn't sufficient.


I hope you're wife isn't thinking of committing fraud in order to keep you in the US! At any rate, divorce does not release her from her obligation under the I-864.

At any rate, if you have the 10-year card, you can divorce and not worry about immigration interference. Remember though, if you move, you still need to file form AR-11!

Good luck to you.

Ian

Gibbs

Got my 10 year so it sounds like I'm in good shape.

ian-mstm

Yes! You do not have to inform anyone of the divorce. Just file the AR-11 if you move. You might want to consider citizenship at some point in the future. It will relieve your wife of her financial obligation to the government, and it will get USCIS off your back for good! Since you're considering divorce, you must wait until 5 years (less 90 days) from the "resident since" date on your GC. Good luck to you!

Ian

BritishGuy36

If the card was obtained in 2003 and was a 2-year card, wouldn't it have expired years ago? Or does the expiry date not equate to two years from the date of issue for such cards?

ian-mstm

He said he arrived on a K-1 in 2003. We don't know when or if a 2-year card was issued.

Ian

BritishGuy36

We don't?

You have to get married within 90 days, correct? Then adjust status (another few months)? And on a K1 you can only get a 2-year conditional card.

Any of that wrong?

Gibbs

After the wedding I filed for Conditional Residence, then once that card was due to expire they allowed me to apply for my Permanent Residency card which is what I currently have and it states on the card that it will expire in 2016.

This was issued to me in 2006, but the card actually says 2004 as that is when my conditional residency started.

I hope this makes sense?!?

Thanks for all your input.

Rete

Yes, Yes and Yes. AOS does not take a few months. Hell for many of us it took years after coming in on a K-1, marrying and filing.

And no, you are conditional regardless of UNDER WHAT ENTRY METHOD YOU MARRIED if you are adjudicated before your second wedding anniversary.

ian-mstm

Absolutely, not true. Where are you getting your information? It's wrong.

Ian

ian-mstm

Well then, you can file for naturalization some time next year!

Ian

Gibbs

..... so when I file for naturalization next year, do I need anyone to sponser me or do I just go through the process as a divorced person??

Rete

You do not need a sponsor nor do you need anyone to sponsor you.

You will just complete the N-400 as a five year permanent resident. Your marriage no longer is in the equation.

Gibbs

Great. Thanks for all your help. Knowing that will make it a lot easier.

BritishGuy36

Could you expand on that by telling me under what circumstances you can enter on a K1 and obtain any other type of green card?