Green Card to Permanant?

[Bryan+Nelia 4life 0]

Ok im having a little trouble with my soon to be x-wife... She has a greencard as of 2 years ago (im pretty sure its a 10year card) she is under the impression that she needs to take the citizenship test to become a permanant resident. I looked everywhere for info on this and it seems to me that she is infact a permanant citizen. I need to get a divorce from her right away as we have not been together for 2 years now and I am now engaged to a beautiful Phillipina woman. She thinks she needs to be married to me in order to take this "test", and apparently its not scheduled for another six months! So can anyone here help me show her some sort of proof that she dosent need to take a test for residency, or if she does she dosent need me to be married to her. Thanks, great site btw my fiance' is in PH so i will be using this great resoarse alot im sure...

[NickD 202]

Ok im having a little trouble with my soon to be x-wife... She has a greencard as of 2 years ago (im pretty sure its a 10year card) she is under the impression that she needs to take the citizenship test to become a permanant resident. I looked everywhere for info on this and it seems to me that she is infact a permanant citizen. I need to get a divorce from her right away as we have not been together for 2 years now and I am now engaged to a beautiful Phillipina woman. She thinks she needs to be married to me in order to take this "test", and apparently its not scheduled for another six months! So can anyone here help me show her some sort of proof that she dosent need to take a test for residency, or if she does she dosent need me to be married to her. Thanks, great site btw my fiance' is in PH so i will be using this great resoarse alot im sure...

Good luck with the USCIS, already have a record of a previous marriage to an immigrant so they will definitely assume fraud in your case. The whole process we all have to go through and we are guilty of a crime is using marriage to bring people over here, the long delayed AOS, the I-751, and the tons of proof we are still living together at least sharing joint ownership, insurance, taxes, same address, etc., etc., etc. But never requested a video of us making love, least not yet.

Your ex-wife is pretty much on her own also expected to present proof that her marriage was entered in with good faith, she can hit you with the I-864, you want to be sure you know what you are getting into.

[deirdre76 0]

The citizenship test is to get citizenship...the green card IS the permanent residency.

She does not need to be married to you to take the citizenship test. However, she does need to be married to you to take it *now*. A permanent resident can file after being a permanent resident for 3 years if they are still married and living with their USC spouse.

Since you're divorcing her, she'll have to wait until she's been a PR for 5 years.

(this is assuming she has the 10 year green card and not the 2 year one).

[lucyrich 19]

She has a greencard as of 2 years ago ... she is under the impression that she needs to take the citizenship test to become a permanant resident. I looked everywhere for info on this and it seems to me that she is infact a permanant citizen.

I'll just point out some terminology issues, since you'll never figure out what any document or website is saying if you don't know what the terms mean.

A person with a green card is, in immigration terms, a Lawful Permanent Resident. This is sometimes written LPR. An LPR is not a Citizen, but is allowed to live in the US as long as he/she maintains a residence here and obeys the laws. An LPR can do most things that a Citizen can do, except an LPR can't vote, can't hold public office, isn't eligible for certain government jobs, can lose LPR status for living outside the US for a long period, can be deported for committing certain crimes, and there are probably a few other things I'm forgetting.

If a person gets a green card based on marriage to a US Citizen, and if the marriage is less than two years at the time of receiving the green card, that person will be a Conditional Lawful Permanent Resident. A Conditional LPR is the same as a regular LPR, except that their green card expires in two years, and before it expires, they must file an I-751 to remove the conditions on their permanent resident status. With the I-751, they need to include evidence that their marriage was bona fide and not entered for the purpose of obtaining an immigration benefit. When the I-751 is approved, they'll be a regular LPR.

There is no such term in immigration as a "permanent citizen". The term is just "citizen", because citizenship is inherently permanent (though there are a few rare circumstances where it can be lost). A LPR can apply to become a citizen after having held a green card for a period of time. That period of time is normally five years for most LPRs, but if the LPR happens to be married to a US Citizen, the LPR can apply for citizenship after having been a permanent resident only three years.

It sounds like your wife might be concerned about removal of conditions, but I don't know. Was your marriage less than two years old at the time she got her first green card? Did she get that green card based on your marriage? If the answer to both of these is yes, did the two of you file an I-751 for removal of conditions?

Assuming removal of conditions isn't an issue, then you've already got the right info. She can stay here as an LPR for as long as she wants to, married or divorced. The effect a divorce would have is that it would make her need five years as an LPR before she could file for citizenship, while if she remained married, she could apply for citizenship after only three years as an LPR.

[NickD 202]

If I recall my INS history correctly prior to 1986 a green colored card was issued and was permanent and the person receiving it was a lawful permanent resident for life.

In 1986 the color of the card was changed to yellow, but the green card name still struck, and rather for the life of the lawful permanent resident, that was reduced to ten years. So the card has changed color but still is called a green card, and permanent has been reduced to ten years where it has to be renewed. Failure to renew can result in deportation and no notice is given that the card must be renewed. But to apply for US citizen, the old INS that is now the USCIS still uses the term, you must be a lawful permanent resident before you can apply for US citizenship, when in reality, no such thing as the word permanent.

To further complicate matters, in 1988 due to many fraudulent marriages, with the newly introduced lottery, only 50,000 applicants were permitted to enter this country leaving marriage as the only other means to bring people in, the conditional resident card was introduced along with the I-751, this card is normally issued to applicants that have been married for less than two years, and is also only good for two years. But again, failure to renew it can result in deportation for the immigrant and no notice is given to the resident by the USCIS so you have to mark your calendar.

The limit of 50,000 immigrants per year and the tightening of controls to prove valid marriages has resulted in a huge influx of illegals into this country for the most part and until recently was not even enforced by Homeland Security nor the states. Home Security is doing very little, so many of the states are taking on this responsibility, but they cannot deport illegals. Just leave them in a county jail and notify the HS to deport them.

We don't make the laws, just have to follow them. Even most congressman are not familiar with immigration laws while the USCIS claims they have made them, strictly mostly by the head of the USCIS, an appointment made by the president mostly due to campaign aid and certainly not on qualifications?

Any disputes on this summary?

[lucyrich 19]

In 1986 the color of the card was changed to yellow, but the green card name still struck, and rather for the life of the lawful permanent resident, that was reduced to ten years. So the card has changed color but still is called a green card, and permanent has been reduced to ten years where it has to be renewed. Failure to renew can result in deportation and no notice is given that the card must be renewed. But to apply for US citizen, the old INS that is now the USCIS still uses the term, you must be a lawful permanent resident before you can apply for US citizenship, when in reality, no such thing as the word permanent.

...

Any disputes on this summary?

I think you're confusing the status with the card. A person given a plastic ten year alien registration card (green card, regardless of the actual color) is known as a lawful permanent resident by immigration terminology. And the status itself IS permanent, even though the card expires in ten years. It's like when a US Citizen's passport expires ten years after it's issued, that doesn't mean the person lost his citizenship, but it means that one particular document proving his citizenship has expired.

There's no penalty for failure to renew a ten year green card, or renewing one late. It's just that you can't travel, obtain a job, or do anything else that requires documentary proof of LPR status until you renew that card.

[broma25 2]

I would have thought that if you have already brought a woman from the Phillipines to be your wife, then you would be a bit more savvy on what is what with permanent residency/citizenship!!

I suggest you do some homework!!

[NickD 202]

In 1986 the color of the card was changed to yellow, but the green card name still struck, and rather for the life of the lawful permanent resident, that was reduced to ten years. So the card has changed color but still is called a green card, and permanent has been reduced to ten years where it has to be renewed. Failure to renew can result in deportation and no notice is given that the card must be renewed. But to apply for US citizen, the old INS that is now the USCIS still uses the term, you must be a lawful permanent resident before you can apply for US citizenship, when in reality, no such thing as the word permanent.

...

Any disputes on this summary?

I think you're confusing the status with the card. A person given a plastic ten year alien registration card (green card, regardless of the actual color) is known as a lawful permanent resident by immigration terminology. And the status itself IS permanent, even though the card expires in ten years. It's like when a US Citizen's passport expires ten years after it's issued, that doesn't mean the person lost his citizenship, but it means that one particular document proving his citizenship has expired.

There's no penalty for failure to renew a ten year green card, or renewing one late. It's just that you can't travel, obtain a job, or do anything else that requires documentary proof of LPR status until you renew that card.

As a LPR the weight of not renewing that card is rather heavy, besides not being able to work or travel, will lose driving privileges as well, at least me my state. I did read someplace several years ago, failure to file a I-751 MAY result in deportation, may take me awhile to find that again. Plus losing that card with a I-90 can cost $370.00 with a rather long wait, and if your employer demands you carry it, can be the loss of your job. While you can leave the country with a valid current foreign passport, you can't come back with an expired or lost card. Nor get services from a US embassy.

I certainly couldn't compare an expire LPR card with a US passport, went most of my life without a passport, could travel all over North America without one and never had the desire to go any further until I met my wife, then definitely required a passport, not a visa either that my wife needed to come here, so not exactly 50-50. Now with an expired green card, you can't do much of anything, except worry. The stress we went through with the long delays with our I-751 was plenty of motivation for her to apply for US citizenship. If we should lose that certificate, really no worry, she is a US citizen, just like she was born here, and does have her US passport in case citizenship proof is ever required.

[Bryan+Nelia 4life 0]

I would have thought that if you have already brought a woman from the Phillipines to be your wife, then you would be a bit more savvy on what is what with permanent residency/citizenship!!

I suggest you do some homework!!

She was a Chinese woman and she had already lived in USA on a work visa, and we had lawyers do most of the work like 4 years ago.. So trying to remember everything is kinda hard.

Ok well thanks for the answers all. I hope this wont be too much of an issue with them I do relize I married a foriegner before but it did last 3 years and im just now getting a divorce after the 4th. Any advice on extra steps I should take while trying to apply for my K1? I love this girl so much I cant stand being away from her, although we talk all day and night...

[lucyrich 19]

I did read someplace several years ago, failure to file a I-751 MAY result in deportation

Yep, you're absolutely right on that point. The I-751 is for removal of conditions. When a two-year conditional green card expires, the status it represents also expires unless an I-751 is filed. If you don't do anything to remove conditions on the status, then you're subject to deportation.

But that's different from the renewal of the ten year green card, which we were discussing earlier. The ten year green card is renewed by filing an I-90, and while it's certainly prudent to file on time so that you always have current proof of status, it's not necessarily so critical if you file late. The status represented by a ten year card doesn't expire when the card expires.

[Bobby+Umit 161]

I would have thought that if you have already brought a woman from the Phillipines to be your wife, then you would be a bit more savvy on what is what with permanent residency/citizenship!!

I suggest you do some homework!!

She was a Chinese woman and she had already lived in USA on a work visa, and we had lawyers do most of the work like 4 years ago.. So trying to remember everything is kinda hard.

Ok well thanks for the answers all. I hope this wont be too much of an issue with them I do relize I married a foriegner before but it did last 3 years and im just now getting a divorce after the 4th. Any advice on extra steps I should take while trying to apply for my K1? I love this girl so much I cant stand being away from her, although we talk all day and night...

Red flag #1 Applying for K-1 right after first divorce.

You will also have to include your first wife on the new affidavit of support for this new petition. (until she becomes an USC, did 40 qtrs of work, or leaves the country and abandons her status as a LPR)

[Bryan+Nelia 4life 0]

Ok im certain now she was issued a 10year green card, I think she is confused on the difference between a citizen and a permanant resident. She has to wait for 5 years by what you guys say because we have been seperated for 2 years now correct? But really there is no real benefit to becomming a citizen other then voting and not renewing yer greencard every 10 years?

[Bryan+Nelia 4life 0]

"Red flag #1 Applying for K-1 right after first divorce.

You will also have to include your first wife on the new affidavit of support for this new petition. (until she becomes an USC, did 40 qtrs of work, or leaves the country and abandons her status as a LPR)"

Ok but how will this hang me up?

Edited April 25, 2009 by Bry+Nelia4eva

[Bryan+Nelia 4life 0]

Ok now im getting really nervous, Im just now getting a divorce because there was no really good reason to do it before. My wife and myself dont have any children or assets so it is a simple divorce which I will file on my own. (ok so I been lazy). Do you guys think this will cause my wife to not be able to come here? I am a US citizen and it is our right to marry whomever we see fit correct? Should I go another route then K1? I just cant imagine my life without her now that I know her. I made a mistake with my first wife, but I hope this dosent cause to much trouble, what do you guys suggest?

[DEDixon 39]

I would have thought that if you have already brought a woman from the Phillipines to be your wife, then you would be a bit more savvy on what is what with permanent residency/citizenship!!

I suggest you do some homework!!

She was a Chinese woman and she had already lived in USA on a work visa, and we had lawyers do most of the work like 4 years ago.. So trying to remember everything is kinda hard.

Ok well thanks for the answers all. I hope this wont be too much of an issue with them I do relize I married a foriegner before but it did last 3 years and im just now getting a divorce after the 4th. Any advice on extra steps I should take while trying to apply for my K1? I love this girl so much I cant stand being away from her, although we talk all day and night...

You have absolutely nothing to worry about. I personally know someone that got a divorce after 3 years of marriage and after marrying a Brazilian who was already in the country then immediately applying for the K-1 for someone else. The second woman is here and she has already been approved for 2 year green card.

Really, you have more to worry about if your income can't support the TWO of them. You know, you are liable for the first one for 10 years or until she is a citizen.

One thing though, my friend who married the Brazilian did go to the RP a lot during the K-1 process to bolster his case.