What happens to green card if we divorce
Jul 29th 2019, 5:34 am
#1
Just Joined
Thread Starter
Joined: Jan 2016
Posts: 6
What happens to green card if we divorce
My husband is South African and here on an O1 visa. I am English and here on O3 visa.
He is talking of divorce even though we should be getting our green cards in a year. He doesn’t want to wait that long as says I must sort myself out. He also says he won’t give me any support financially and he will be taking sole custody of kids.
Firstly, is he allowed to keep our kids while I’m forced out due to having no status here?
and would my green card application be dropped since we would be getting divorced?
He is talking of divorce even though we should be getting our green cards in a year. He doesn’t want to wait that long as says I must sort myself out. He also says he won’t give me any support financially and he will be taking sole custody of kids.
Firstly, is he allowed to keep our kids while I’m forced out due to having no status here?
and would my green card application be dropped since we would be getting divorced?
Jul 29th 2019, 9:44 am
#2
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: What happens to green card if we divorce
Your green card application could be dropped once you are legally divorced.
The child custody issue is up to a family law judge. That judge might be able to let the green card application continue so that you can remain in the country where the kids are.
You need 2 lawyers...a divorce lawyer and an immigration lawyer, as you have 2 separate issues going on.
Rene
The child custody issue is up to a family law judge. That judge might be able to let the green card application continue so that you can remain in the country where the kids are.
You need 2 lawyers...a divorce lawyer and an immigration lawyer, as you have 2 separate issues going on.
Rene
Jul 29th 2019, 12:40 pm
#3
Often not so civil...
Joined: Apr 2010
Location: The Boonies, GA
Posts: 9,561
Re: What happens to green card if we divorce
Noorah is right, you absolutely need 2 attorneys here.
The divorce issues is done at county level, a county judge has no authority to rule on the Federal issue of your being legally in the US, and typically in this situation you would have no legal basis to remain in the US after the divorce unless you can get a visa based on your own circumstances.
The divorce issues is done at county level, a county judge has no authority to rule on the Federal issue of your being legally in the US, and typically in this situation you would have no legal basis to remain in the US after the divorce unless you can get a visa based on your own circumstances.
Jul 29th 2019, 2:46 pm
#4
BE Enthusiast
Joined: Apr 2016
Location: Chicago, Illinois
Posts: 334
Re: What happens to green card if we divorce
Above advice is sound, you should definitely seek legal counsel.
That said; sounds like your husband (soon to be ex?) is trying to force your hand. Divorce can take time, a long time, years, if you refuse to play ball. Don't let him force your hand, fight him every step of the way.
Has your husband filed for adjustment of status? If so how long ago? Past 6 months I don't believe the petition can be withdrawn except by the beneficiary. Though I could definitely be mistaken.
That said; sounds like your husband (soon to be ex?) is trying to force your hand. Divorce can take time, a long time, years, if you refuse to play ball. Don't let him force your hand, fight him every step of the way.
Has your husband filed for adjustment of status? If so how long ago? Past 6 months I don't believe the petition can be withdrawn except by the beneficiary. Though I could definitely be mistaken.
Jul 29th 2019, 2:57 pm
#5
Deep in the woods of CT
Joined: Feb 2010
Posts: 7,002
Re: What happens to green card if we divorce
And if you are in difficult financial circumstances (he has cut you off from funds in any way), look for an organization such as Catholic Charities which will give pro bono legal advice and refer you to people who can offer help and support. Your local library can probably help you to find an appropriate group in your community.
Jul 29th 2019, 3:27 pm
#6
Account Closed
Joined: Mar 2004
Posts: 2
Re: What happens to green card if we divorce
Her GC is dependent on his and his application as a spouse so no marriage no GC no matter what happens.
Judging by the initial post sounds very unlikely he will wish to include her.
Family Courts as has been mentioned in the round would not take immigration issues into consideration, normally they would require children to stay within their jurisdiction.unless the other spouse agrees.
O3 would be dependent on her being a spouse and him maintaining O1 status so if either ceases she would be out of status and deportable.
Judging by the initial post sounds very unlikely he will wish to include her.
Family Courts as has been mentioned in the round would not take immigration issues into consideration, normally they would require children to stay within their jurisdiction.unless the other spouse agrees.
O3 would be dependent on her being a spouse and him maintaining O1 status so if either ceases she would be out of status and deportable.
Jul 29th 2019, 5:10 pm
#7
Concierge
Joined: Apr 2001
Posts: 46,382
Re: What happens to green card if we divorce
So delay the divorce proceedings until the green card processing is complete. Things can always be stalled. As for the children, that is handled by the Family Court and unless he can show that you are incapable and/or a bad mother, he cannot have the children take from you. He might get 1/2 custody but not sole custody. He's just playing games. Probably has a girlfriend on the side that is threatening to leave him if he doesn't get the divorce proceedings filed.
As for the cost of the attorney, have your attorney bill him since he is the one that wants the divorce. These days alimony is rare but you will be entitled to child support.
As for the cost of the attorney, have your attorney bill him since he is the one that wants the divorce. These days alimony is rare but you will be entitled to child support.
Jul 29th 2019, 5:35 pm
#8
Account Closed
Joined: Mar 2004
Posts: 2
Re: What happens to green card if we divorce
O3's are not work authorised.
Jul 30th 2019, 2:41 am
#10
Account Closed
Joined: Mar 2004
Posts: 2
Re: What happens to green card if we divorce
More of a general comment relating to the complicated situation.
Usually a Family Court would impute an earning capability, but she can not legally work and would presumably argue that, but then if you bring that into the discussion she can also not stay legally after the divorce. Catch 22?
Sounds unlikely Husband would produce a situation where she could get a GC even if means delaying the process, and if she is out of status following a divorce she can not adjust anyway.
Usually a Family Court would impute an earning capability, but she can not legally work and would presumably argue that, but then if you bring that into the discussion she can also not stay legally after the divorce. Catch 22?
Sounds unlikely Husband would produce a situation where she could get a GC even if means delaying the process, and if she is out of status following a divorce she can not adjust anyway.
Jul 30th 2019, 2:42 am
#11
Austin. TX.
Joined: Sep 2013
Posts: 5,930
Re: What happens to green card if we divorce
https://www.secondsaturday.com/
hopefully there's one near the OP. Personally, I'd be heading back to Blighty, he sounds like a nasty piece of work.
hopefully there's one near the OP. Personally, I'd be heading back to Blighty, he sounds like a nasty piece of work.
Jul 30th 2019, 4:43 pm
#13
SUPER MODERATOR
Joined: Dec 2005
Posts: 88,017
Re: What happens to green card if we divorce
https://www.secondsaturday.com/
hopefully there's one near the OP. Personally, I'd be heading back to Blighty, he sounds like a nasty piece of work.
hopefully there's one near the OP. Personally, I'd be heading back to Blighty, he sounds like a nasty piece of work.
Jul 31st 2019, 2:19 pm
#14
DE-UK-NZ-IE-US... the TYP
Joined: Mar 2010
Posts: 2,854
Re: What happens to green card if we divorce
Would what happens to the children not depend on if they are USC? Did not see that scanning down the thread. Were they born here or did they move here with the OP. That was actually one of the things my lawyer raised when I was apply for permission to acquire US citizenship as a reason it was something I needed.
Jul 31st 2019, 2:20 pm
#15
Often not so civil...
Joined: Apr 2010
Location: The Boonies, GA
Posts: 9,561
Re: What happens to green card if we divorce
Since the primary visa holder would still be in status, so would their dependent children I assume.
Since the wife would no longer be a dependent upon divorce, she would be out of status.
Since the wife would no longer be a dependent upon divorce, she would be out of status.