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Divorce after getting Green Card and SSN?

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Filed: AOS (pnd) Country: Vietnam
Timeline

My friend needs advice on his situation. He is US citizen, marrying a Philippino women and sponsored her to the USA via CR-1 to California.

After getting her 10-yr Green Card and Social Security Card, she went back to Philipine blaming on her mom getting serious sickness. But my friend just found out (via some of her relative words) that she actually had her true love man in the philipine and came back there to live with him (while still married to my friend in the USA).

Question is: if my friend filed for divorce in the Philippine (where they married) and granted, could she come back to the USA after that (since she already had 10-yr Green Card)?

Thanks.

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from Moving Here & Your New Life In America forum to Effects of Major Family Changes on Immigration Benefits forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: IR-1/CR-1 Visa Country: Guyana
Timeline

yes she can return. divorcing her is defintely the best way for him to move on and he doesnt need to go to Philipines to do it. there must be more to this story I am thinking though...

4027-dil-ko-choo-jaye-gi-shayari-collection-heart_91.gif?d=1205939495

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Filed: Country: Philippines
Timeline

Yes the wife can return to the U.S. after a final divorce is granted. Your friend can file for and get a divorce in the U.S., he should be advised that getting a divorce in the Philippines isn't going to happen.

"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

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Filed: AOS (pnd) Country: Vietnam
Timeline

what if "she" files for Divorce in the Philippine and it is going to be finalized there (with or without the USA husband in the Philippine), could she still return to the USA? does the length of her stay in the Philippine may affect her return to the States? thanks

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Filed: R-1 Visa Country: Saint Lucia
Timeline

There's no divorce in Philippines!!!!!!! He can file an annulment . If she will exit Philippines every 6

Months ( stay at any land in the USA) and go back to Philippines it won't hurt her gc but it will took forever for her to get citizenship ... This is base on my nephews mom . They doing this in the pass 2 years now..

USAR

Oct.8 2009 - arrived in USA (CR1 visa)

Nov. 2009 -- GC for 2 yrs received

Jan. 2010 -- DL issued

May. 2011 --- graduated for my bachelor degree

Sept. 1, 2011 --- Driver License Renewed ( till 2017)

NO removal condition

Citizenship

Oct. 2011-------- Filed N400

Jan. 2012 ------ Biometrics and Interviewed at same time

Jan. 17 2012 ---- Sworn In

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Filed: Country: Philippines
Timeline

what if "she" files for Divorce in the Philippine and it is going to be finalized there (with or without the USA husband in the Philippine), could she still return to the USA? does the length of her stay in the Philippine may affect her return to the States? thanks

As long as the wife maintains her permanent resident status (green card) she can enter and exit the USA at will, even after they divorce. However, she can jeopardize her permanent resident status (green card) if she does not establish the intent to reside in the U.S. permanently. So yes, the length of stay in the Philippines can affect her ability to return to the USA.

The best thing your friend can do for his own peace of mind, is to file for the divorce and have zero concerns about when or how often the ex/wife returns to the USA. In other words, he should just get divorced and move on with his life and pursue his slice of happiness.

Edited by Leatherneck

"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

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Filed: Country: Philippines
Timeline

Since she stayed in USA for only about one month (to get Green Card and SSN), can she ask for 1/2 of his financial assets or alimony if either she or he files for Divorce? thanks.

The division of assest and debts and if spousal support is granted will not be determined by how long the wife stayed in the USA just prior to getting a GC and SSN, marriage and how long they were married are the controlling factors.

Spousal support is determined by numerous factors, 14 of which are found in California Family Code Section 4320. However, the court has tremendous discretion in setting alimony, but the amount is determined by a statewide formula using the DissoMaster software. His assests that were acquired before they married are genearlly deemed 'separate property,' the assets and debts acquired after marriage are community property and subject to divison.

If your friend has assets of any significance, get a lawyer, file for divorce in the county where he resides and that will put him in the drivers seat and allow the proceedings to be held in a court convenient to his home/work/business and legal counsel. Then the wife will have to determine if the expense and hassle of traveling from the Philippines are worth the effort.

"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

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also need check into if she still receive support from friend after divorce from what i recall once married a usc made contract with usa to support for 40 quarters/about 10 years unless she remarries



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Filed: Timeline

first of all there's no divorce in the philippines...only annulment!

if he file for cr-1 and she has the greencard there's no way he could cancel that.

let just hope that she stayed for more than 2yrs in the philippines that way the goverment will consider it "GREEN CARD ABANDONMENT"...and if that happen her greencard will be cancel no matter what.

The longer it takes to happen the more you'll appreciate it when it does!

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There's no divorce in Philippines!!!!!!! He can file an annulment . If she will exit Philippines every 6

Months ( stay at any land in the USA) and go back to Philippines it won't hurt her gc but it will took forever for her to get citizenship ... This is base on my nephews mom . They doing this in the pass 2 years now..

There must be more to this as residing outside the US for more than 180 days in any 365 days period will cause the CBP to examine this behavior more closely. You cannot just pop into the US at the 5 month 28 day mark, stay for a couple of weeks and then leave again for another 5+ months. If you can show you have not abandoned your permenant residency, you can do this. The key is making sure you continue to file taxes and have other ties to the US like family. Once you hit the 180 day point, CBP can refuse your re-entry if they can prove you have abandoned your LPR status--this includes several short trips of less than 6 months, but the time outside the US is more than 6 months in any consective 1 year period. If you stay out for more than one year without a re-entry permit, kiss your GC good-bye.

OP: If your friend's wife has left the country and it has been awhile, file for divorce and let her deal with the CBP when she decides to re-enter the US. Who knows, she may not know about the rules on keeping her GC and may loose her LPR status. Your friend is still on the hook for the I-864 until she meets the requirements, but that is only if she applies and is granted any means tested benefit. Have your friend divorce and move on with his life. Do not let her immigration status affect his decisions. The only thing he can do is document her behavior and report it to the USCIS and let them deal with her.

Good luck,

Dave

Edited by Dave&Roza
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Filed: Citizen (apr) Country: Thailand
Timeline

There must be more to this as residing outside the US for more than 180 days in any 365 days period will cause the CBP to examine this behavior more closely. You cannot just pop into the US at the 5 month 28 day mark, stay for a couple of weeks and then leave again for another 5+ months. If you can show you have not abandoned your permenant residency, you can do this. The key is making sure you continue to file taxes and have other ties to the US like family. Once you hit the 180 day point, CBP can refuse your re-entry if they can prove you have abandoned your LPR status--this includes several short trips of less than 6 months, but the time outside the US is more than 6 months in any consective 1 year period. If you stay out for more than one year without a re-entry permit, kiss your GC good-bye.

OP: If your friend's wife has left the country and it has been awhile, file for divorce and let her deal with the CBP when she decides to re-enter the US. Who knows, she may not know about the rules on keeping her GC and may loose her LPR status. Your friend is still on the hook for the I-864 until she meets the requirements, but that is only if she applies and is granted any means tested benefit. Have your friend divorce and move on with his life. Do not let her immigration status affect his decisions. The only thing he can do is document her behavior and report it to the USCIS and let them deal with her.

Good luck,

Dave

Bolded above should be pinned somewhere. I think some people think a green card is like some kind of tourist visa where you can visit whenever you want. There are residency requirements to keep the green card.

After you get citizenship, then it all becomes a moot point.

You can click on the 'X' to the right to ignore this signature.

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My friend needs advice on his situation. He is US citizen, marrying a Philippino women and sponsored her to the USA via CR-1 to California.

After getting her 10-yr Green Card and Social Security Card, she went back to Philipine blaming on her mom getting serious sickness. But my friend just found out (via some of her relative words) that she actually had her true love man in the philipine and came back there to live with him (while still married to my friend in the USA).

Question is: if my friend filed for divorce in the Philippine (where they married) and granted, could she come back to the USA after that (since she already had 10-yr Green Card)?

Thanks.

If I am the husband,I will definitely talk to her personally about the relatives accusation.I won't just sit there and think about the divorce when everything seems unclear.

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