DDL

Hypothetical scenario:

UKC married USC and in 10/04 enters US on CR1 Visa.

UKC soon receives [conditional] Permanent Residency Card.

The couple remains married, living together, etc., but USC has serious doubts as to whether they made the right decision by marrying the UKC.

USC wishes to file for divorce, but because USC is such a nice person they would like the UKC to be able to receive their US citizenship.

In light of the above, at what point in time could the USC begin pursuing a divorce so as not to jeopardize the UKC's US citizenship?

Chorlton

I think the hypothetical UKC is okay after the conditions have been removed. If he/she have a full green card, he/she should be okay.

Angry White Pyjamas

Well my advice to you, er your friend, would be see a lawyer. But as Chorlton says I beleive once the conditions are removed and you hold a pukka GC then divorce is wouldnt strip you of you GC. What it would do though I think is to mean you cant apply for citizenship until FIVE years (-90 days) after receipt of said GC instead of THREE.

Manc

more to the point...............at what point will the sponsor be free of financial obligations set forth under affidavit of support.

cindyabs

Did you post this over in the Marriage/visa Forum? It's not all that uncommon and there are the 3 lawyers who do the generalized answers.

Angry White Pyjamas

Ive just re-read what I wrote and I sounded like a number of posters who are from the Indian subcontinent.

fatbrit

Maybe s/he wanted to avoid the bloody Yankee moralizing down there?

fatbrit

But have the feds ever actually enforced the obligations?

I have no idea of the answer to this question but cannot recall anybody posting that it happened to them. Not evidence, I know. But I think becoming a financial burden is probably not uncommon but getting a bill from the feds for it is unlikely.

cindyabs

This isn't a 10 Foot Pole issue so I don't think the moralizing comes into play.

fatbrit

There's a general undercurrent of such thought down there, barge pole or not!

Ray

You don't have to wait for the conditions to be removed ..Once the divorce is completed the alien can immediately file for the condition to be removed ..
whether its due or not ..

But the alien will then have to wait 5 years before application can be made for citizenship ... and not the 3 years as required if married to a US cit...

The affidavit of support the US cit filed ..will stand though ..

Ray

The usual 40 quarter of paying SS
death
citizenship
leaving country..

DDL

I am the USC and my husband is the UKC. I just don't think we're going to "make it", but would stay married to him for another 2 years so he could get his US citizenship - if that's the easiest/quickest way for that to happen. It may sound stupid, but at least something good would come out of all this if he could at least get his citizenship.

I made a big mistake when saying "I do" - I was just out of a divorce after a 25-year marriage. What was I thinking?

We've been talking about going back to the UK but the more I think about it, the more I believe that, under the circumstances, it would not be the right thing for me to do.

We had a great couple of years in London (we married in July 2004), but we've been over here now since Oct. 2004 and ... well ... I've spent ALL of my divorce settlement money (visas, airline tickets, setting up new household, buying cars, etc.). He hasn't found full-time work YET (I did finally get him a part-time job where I work). I'm going through breast cancer treatment and not actually receiving the emotional or physical support from him that I need. We have already been in marital counseling, but he didn't like the counselor (said she was anti-men), blah blah blah.

My daughter was his sponsor as I had been living in London with him and at the time of his application, and had no regular income. Had money in the bank but not enough to meet the requirements.

Suggestions?

Manc

he can get citizenship of his own accord once he gets his conditions removed.

don't hang about if it isn't going to work.

CaliforniaBride

I sympathise with your situation, I really do. It sounds like you are having a terrible time. I wouldn't sacrifice myself any further though. If your not receiving the support you need now how drained will you feel after two more years of this? Better to get out now and focus on yourself and your own health. Besides what you are proposing not sounding healthy is doesn't sound legal. I'm not sure but staying married for the purpose of getting citizenship may be illegal.

Best of luck with whatever you decide.