What happens in this situation?

[acer925 0]

What happens if an American marries a Canadian in hopes of sponsoring them to the US but things don't work out after the first interview and green card has been given? Just curious, thanks.

[canadian_wife 1,791]

What do you mean what happens? The immigrant has been issued a green card. Nothing happens. If you two split up then so be it.

In 2 years the immigrant must remove conditions, prove the marriage was entered into in good faith, and apply for a divorce waiver

Good luck - sorry it did not work out

[LIFE'SJOURNEY 970]

Correction, at the time of divorce if before the 2 years the immigrant must Remove Conditions with a wavier. If green card is received, the USC is still held responsible for the 864 finance obligations.

Edited December 22, 2011 by LIFE'SJOURNEY

[jojolicious 38]

The Canadian would remove conditions after starting the divorce process or upon obtaining a divorce decree depending on how far away he/she is from the expiry of the conditional card.

Where are you in your process? I'm just curious too...

[VanessaTony 3,567]

Just to restate it. As soon as the divorce is final they must file for ROC (even if before the 90 day window). However if the window approaches and the divorces still isn't final they should make sure to apply anyway.

Your post makes it sound like the USC and Canadian were in it together to commit fraud, and not a relationship built on love. If that is the case the USC can be charged with fraud, jailed and given a large fine. The immigrant would have their status revoked and would be deported.

If the relationship WAS real and just failed then they can file ROC with the divorce waiver which is usually approved unless there isn't enough proof of co-mingling etc. The Canadian would be denied in that case and given 30 days to leave the country.

Once AOS is approved the I-864 is binding and the USC would be on the hook.

[acer925 0]

Well my question I guess should have been, would she have to go back to her country or if she was already working in the states with her green card could she stay? She got offered a good job but I don't think things are going to work out, so I just want to know if they will make her go back to Canada or no? From the last post it sounds like she would? Thanks all.

[belinda63 2,981]

If the person has their green card then they are a US resident. If you divorce they will file to remove the conditions on the card and obtain the 10 year green card. Only if fraud is proven will the green card be taken away because of the divorce.

[JimVaPhuong 4,863]

Well my question I guess should have been, would she have to go back to her country or if she was already working in the states with her green card could she stay? She got offered a good job but I don't think things are going to work out, so I just want to know if they will make her go back to Canada or no? From the last post it sounds like she would? Thanks all.

If you were married for less than two years when she got her green card then she's got a conditional green card. If you were married for more than two years when she got her green card then she's got an unconditional green card, and a divorce will have no effect whatever on her immigration status.

A conditional green card expires automatically after two years, and her permanent resident status is revoked, if she doesn't file an application to remove the conditions and get an unconditional green card. The application is normally filed jointly with the US citizen spouse. A jointly filed application can be filed no sooner than 90 days before the conditional green card expires, and no later than the day the conditional green card expires.

The law recognizes that an immigrant may enter a marriage in "good faith", but the marriage may fall apart anyway. A conditional permanent resident can self-petition to remove conditions (i.e., file without their spouse) if they can prove they entered the marriage in good faith, and submit proof that the marriage ended in divorce or annulment. A self-petition to remove conditions can be filed anytime, but no later than the day the conditional green card expires. If the divorce is final before the conditional green card expires then the self-petition should be filed right away. If USCIS learns that a conditional permanent resident has divorced then they are supposed to take steps to terminate their permanent resident status. If the divorce is still pending when the expiration of the conditional green card is drawing near then the immigrant should file the self-petition anyway. USCIS will send an RFE for the divorce decree a few months later. If they still don't have the divorce decree then USCIS might begin removal proceedings, but the immigrant can ask the immigration judge for a stay while they wait for the divorce to be completed. The judge will usually approve this request.

In short, if she chooses to stay in the US then she can probably stay. If she does a little research then she can handle the self-petition process herself. Otherwise, any immigration attorney can help her with it. You won't be involved in the process at all, nor will USCIS contact you. The affidavit of support you signed remains enforceable. Divorce doesn't affect it in any way.

[acer925 0]

If you were married for less than two years when she got her green card then she's got a conditional green card. If you were married for more than two years when she got her green card then she's got an unconditional green card, and a divorce will have no effect whatever on her immigration status.

A conditional green card expires automatically after two years, and her permanent resident status is revoked, if she doesn't file an application to remove the conditions and get an unconditional green card. The application is normally filed jointly with the US citizen spouse. A jointly filed application can be filed no sooner than 90 days before the conditional green card expires, and no later than the day the conditional green card expires.

The law recognizes that an immigrant may enter a marriage in "good faith", but the marriage may fall apart anyway. A conditional permanent resident can self-petition to remove conditions (i.e., file without their spouse) if they can prove they entered the marriage in good faith, and submit proof that the marriage ended in divorce or annulment. A self-petition to remove conditions can be filed anytime, but no later than the day the conditional green card expires. If the divorce is final before the conditional green card expires then the self-petition should be filed right away. If USCIS learns that a conditional permanent resident has divorced then they are supposed to take steps to terminate their permanent resident status. If the divorce is still pending when the expiration of the conditional green card is drawing near then the immigrant should file the self-petition anyway. USCIS will send an RFE for the divorce decree a few months later. If they still don't have the divorce decree then USCIS might begin removal proceedings, but the immigrant can ask the immigration judge for a stay while they wait for the divorce to be completed. The judge will usually approve this request.

In short, if she chooses to stay in the US then she can probably stay. If she does a little research then she can handle the self-petition process herself. Otherwise, any immigration attorney can help her with it. You won't be involved in the process at all, nor will USCIS contact you. The affidavit of support you signed remains enforceable. Divorce doesn't affect it in any way.

All great answers, especially this last one. I understand that the divorce doesn't effect her green card and she would have to remove the conditions and prove it was good faith and then she can pretty much do whatever she wants. But what happens if the divorce takes place before she even get's her green card? Would that render other outcomes? Thanks all.

[acer925 0]

bump

[VanessaTony 3,567]

All great answers, especially this last one. I understand that the divorce doesn't effect her green card and she would have to remove the conditions and prove it was good faith and then she can pretty much do whatever she wants. But what happens if the divorce takes place before she even get's her green card? Would that render other outcomes? Thanks all.

Divorce filing before GC or divorce approved? They would still be able to AOS and the I-864 would still be valid unless pulled.

[venusfire503 54]

If they divorce before she gets the green card, I believe it would make her ineligible to get a green card. If she accepts the green card (say there's no interview) even though the divorce has been finalized (I believe even if it hasn't been finalized), she could get in trouble for misrepresentation. I believe the green card can only be issued if the couple is together at the time of issuance with no plan for divorce. I think getting one in any other scenario could be grounds not only to have the card revoked, but also for a (lifetime?) ban. I certainly wouldn't want to chance it.

I think the only thing someone can do after a divorce is file to remove conditions (or for naturalization) - not adjust status for a (first) green card.

Things might have changed in the past few years (and we didn't contemplate divorce, so I was never completely knowledgeable in this area anyway), so you would want to make 100% sure with someone who really knows.

If the green card has not been received, they either need to work on the marriage (in part so she can get the card), or they need to work on the divorce and she needs to return to her home country. I would find out exactly how to do that so that she can avoid any kind of ban or whatever. I would hate for someone to be kept out of the country just because a marriage didn't work out. I would hope there's something in place for a case like that. Does anyone have any information on that?

Somewhat off the topic, but this is one reason to file for AOS as soon as possible after the marriage. I remember reading a post a few years ago about a couple who just didn't file for whatever reason. After several years, something happened (don't remember what) and they were in a tough spot.

Best of luck!

venusfire

All great answers, especially this last one. I understand that the divorce doesn't effect her green card and she would have to remove the conditions and prove it was good faith and then she can pretty much do whatever she wants. But what happens if the divorce takes place before she even get's her green card? Would that render other outcomes? Thanks all.

[Darnell 8,478]

All great answers, especially this last one. I understand that the divorce doesn't effect her green card and she would have to remove the conditions and prove it was good faith and then she can pretty much do whatever she wants. But what happens if the divorce takes place before she even get's her green card? Would that render other outcomes? Thanks all.

It's supposed to, as it's a conditional card, with the condition being marriage to a USCitizen.

If the USCitizen does not want to be on the hook for 10 years for the affadavit of support, is best to withdraw the I-864 prior to casefile adjudication - she won't be able to adjust status, not able to receive a green card.

I guess it might help to know, if you assume the USA would deport her, or you not assume this?

[JimVaPhuong 4,863]

All great answers, especially this last one. I understand that the divorce doesn't effect her green card and she would have to remove the conditions and prove it was good faith and then she can pretty much do whatever she wants. But what happens if the divorce takes place before she even get's her green card? Would that render other outcomes? Thanks all.

The law requires that she be eligible to adjust status both at the time the application is submitted AND at the time the application is approved. If USCIS discovers that she's divorced then they will deny the adjustment of status. Even if they don't discover the divorce before issuing the green card then there will still be a problem of the date on the divorce decree preceeding the date that the green card was approved. This would undoubtedly be discovered when she self-petitioned to remove conditions. Her removal of conditions would be denied, and her permanent resident status revoked.

Ok, there's a few caveats here...

It's possible she could adjust status even if she divorced before the conditional green card was approved. There was a case in the 9th Circuit Court when an immigrant did exactly that, but that was an unusual case where USCIS took more than two years to adjudicate the adjustment of status. As far as I know, no change in USCIS policy resulted from this court decision, and it would only be useful as a precedent case if the adjustment of status were submitted before the divorce, and would probably only be successful if USCIS took more than two years to make a decision. In other words, she might be able to adjust status after divorce, but she might have to take USCIS to court in order to do it.

There is also VAWA - The Violence Against Women Act. This act allows the spouse of a US citizen or LPR to self-petition for adjustment of status if they can prove they've been subjected to abuse by their spouse. They can self-petition under VAWA after they divorce, but they'll have to submit their petition within two years of the divorce, and they'll have to demonstrate that the abuse was the primary cause for the divorce. No affidavit of support is required to adjust status under VAWA.

[acer925 0]

It's supposed to, as it's a conditional card, with the condition being marriage to a USCitizen.

If the USCitizen does not want to be on the hook for 10 years for the affadavit of support, is best to withdraw the I-864 prior to casefile adjudication - she won't be able to adjust status, not able to receive a green card.

I guess it might help to know, if you assume the USA would deport her, or you not assume this?

What is the affadavit of support about? Would I have to financially support her after a divorce in any situation? Thanks