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10YR green card

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Old Sep 7th 2009, 9:36 pm
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Default 10YR green card

Hi there,
I married my wife in 2004 and obtained my 10 year green card two years ago in 2007. Recently, our marriage has been experiencing problems and after amicable discussions we both feel it would be best to seek a divorce.

Will this affect my green card status? Should I be the petitioner or does this not matter when it comes to filling out the paperwork.
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Old Sep 7th 2009, 9:55 pm
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Default Re: 10YR green card

Originally Posted by liverpool223
Hi there,
I married my wife in 2004 and obtained my 10 year green card two years ago in 2007. Recently, our marriage has been experiencing problems and after amicable discussions we both feel it would be best to seek a divorce.

Will this affect my green card status? Should I be the petitioner or does this not matter when it comes to filling out the paperwork.
Hi liverpool, Welcome to BE.

Since you have your 10-year green card, divorce will not affect your permanent resident status.

It does not matter who files for the divorce.

Best Wishes,
Rene
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Old Sep 8th 2009, 3:21 am
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Default Re: 10YR green card

lp,

It will not affect your LPR status, but it will affect how soon you can apply for US citizenship if that is on your agenda.

Petitioner for what?

Regards, JEff


Originally Posted by liverpool223
Hi there,
I married my wife in 2004 and obtained my 10 year green card two years ago in 2007. Recently, our marriage has been experiencing problems and after amicable discussions we both feel it would be best to seek a divorce.

Will this affect my green card status? Should I be the petitioner or does this not matter when it comes to filling out the paperwork.
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Old Sep 8th 2009, 8:54 am
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Default Re: 10YR green card

Originally Posted by jeffreyhy
lp,

It will not affect your LPR status, but it will affect how soon you can apply for US citizenship if that is on your agenda.

Petitioner for what?

Regards, JEff
petitioner of the divorce.

As mentioned above, you are a LPR. Irregardless of how you went about getting it, divorce will not cause you to lose it.
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Old Sep 8th 2009, 1:22 pm
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Default Re: 10YR green card

Originally Posted by liverpool223
Hi there,
I married my wife in 2004 and obtained my 10 year green card two years ago in 2007. Recently, our marriage has been experiencing problems and after amicable discussions we both feel it would be best to seek a divorce.

Will this affect my green card status? Should I be the petitioner or does this not matter when it comes to filling out the paperwork.
Been there, done that. Since you have already removed the conditions on your Permanent Residence Status, getting divorced should have no bearing on your immigration status whatsoever, except that you will have to be an LPR for 5 years before filing for naturalization rather than filing based on 3 years of marriage to a USC, obviously.

Whether or not you do file for citizenship when eligible is of course your decision.

Should you decide to apply for citizenship based on 5 years as an LPR some time in the future, your failed marriage should have little bearing on the outcome. In my case I was not questioned about it except for confirming the beginning and end dates of the marriage listed on the application.

If your marriage is indeed not salvageable, focus on getting through the divorce and getting on with your life. Good luck, I know how stressful divorce can be.
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