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Effect of Divorce on Child's Status

#1 eternaltwilight

eternaltwilight

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Posted 24 January 2011 - 09:28 PM

Hello. I know that similar questions have been posted before, but please bear with me.

I need some advice for a friend of mine. She is from France, and fell in love with an American man. They got married in the US, but lived in France for over a year. They decided to move to the US, along with her 10 year old son from a previous marriage. They have been living in the US for 10 months now, and unfortunately their relationship is suffering. She has a conditional green card, because they were married for less than 2 years before moving to the US.

For their entire relationship, my friend’s husband has been very controlling and has times where he goes crazy about the simplest things. My friend realized that she did not know the real man that she married, and is wondering what she can do. The conditions on her green card cannot be removed for another 14 months, but she is considering a divorce in the next few months, since it is not getting any better and she is very unhappy.

What she needs to know is if she gets divorced before the conditions are removed, what are the chances that she can get them removed on her own? She desperately wants to stay in the US, and doesn’t want to jeopardize her chances of getting her 10 year green card. Also, what does this mean for her son’s green card status?

Any advice is greatly appreciated. Thank you.
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#2 JimVaPhuong

JimVaPhuong

    Does this áo dŕi make me look fat?



Posted 24 January 2011 - 11:17 PM

She can self-petition to remove conditions on the green card. She'll need to get divorced. She'll also need to submit evidence that she entered the marriage in good faith and not to get a green card. There's a thread here about the process:

http://www.visajourn...esident-status/

Read the entire thread. Some interesting information is discovered over the course of the various posts there.

Her son's status is currently dependent on hers. She'll need to file an I-751 for her son, as well. If her removal of conditions is approved then his will almost certainly be approved also. If hers is denied then his will automatically be denied.
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#3 rika60607

rika60607

    Platinum Member



Posted 25 January 2011 - 12:47 PM

After almost two years of marriage and living in two countries together, she should have plenty of evidence that the marriage was real. Have your friend look at the I-751 instructions to get an idea as to what kind of evidence she will need to submit with her application.
From what you said, her chances for removal of conditions should be very good. She needs to get a divorce first, she can not remove conditions while separated. It is either happily married OR divorced.
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#4 eternaltwilight

eternaltwilight

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Posted 25 January 2011 - 04:56 PM

Thank you for your help. I guess that my friend's major concern now is if she is not able to finalize her divorce (since she first has be be separated from him for 6 months, and then go through the divorce proceedings) before the time for her to have the conditions removed from her green card, if her husband is unwilling to still file jointly with her.

I was reading about the memorandum in this article http://www.ilw.com/a...9,0924-lee.shtm
Am I understanding correctly that this gives a sort of "grace period" to get the divorce finalized? If so, that would be a good thing, and perhaps give my friend enough time to get the divorce finalized and everything sorted out.

Thanks for your opinions.
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#5 VanessaTony

VanessaTony

    Little Miss



Posted 26 January 2011 - 03:48 PM

Thank you for your help. I guess that my friend's major concern now is if she is not able to finalize her divorce (since she first has be be separated from him for 6 months, and then go through the divorce proceedings) before the time for her to have the conditions removed from her green card, if her husband is unwilling to still file jointly with her.

I was reading about the memorandum in this article http://www.ilw.com/a...9,0924-lee.shtm
Am I understanding correctly that this gives a sort of "grace period" to get the divorce finalized? If so, that would be a good thing, and perhaps give my friend enough time to get the divorce finalized and everything sorted out.

Thanks for your opinions.

Your friend should file for divorce as soon as she can. Whether the divorce is final or not she NEEDS to file in the 90 days. She should file about 2 weeks before her status expires to give herself more time.

She will file as though she is already divorced but she obviously can't include the decree. They will issue an RFE for the decree. If she doesn't get the decree in time she will go before an immigration judge who will extend her waiting time until the decree is available. Then when the decree is available, she sends it, her ROC continues to process and hopefully she gets her ROC approved.

It's VERY important that your friend files before her 90 days are up (before her card expires). Even if the divorce isn't final she NEEDS to file the ROC before her GC expires.
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Aussie K1 process - http://www.visajourn...interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourn...-list-included/
ROC April 2012 - http://www.visajourn...il-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourn...il-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourn...lers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourn...lers/?p=6537699
Aussie Chat page continued - http://www.visajourn...ussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourn...change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourn...ost__p__4135806
Shipping Costs from Aus to US - http://www.visajourn...sts-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile




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