Divorce and green card

[geoff19701 0]

I am a US citizen and I have been with my wife for nine months, three of those married. We do fight quite a bit of silly stuff but I figured it was mostly cultural difference. Recently she moved from our place in Jacksonville Florida to Panama City Florida. There seems to be a lot of illegal people there who have found their way through the system. Anyway, she has been talking about getting a divorce. I love this girl with all my heart and I hate to think she is going to mess her life up listening to people who are going to tell her how to beat the system versus doing it legitimately. My question is if I have started to file paperwork for her and she decides to file for divorce before all her paperwork is filed what will happen to her? Is she going to be deported? Is this going to throw up red flags if there is immigration paperwork filed and then its withdrawn due to divorce. He visiting visa expired last August. Please advise.

(email address removed for personal security reasons - please use the private and secure PM function on VJ instead - VJ Moderation)

Edited June 18, 2014 by Kathryn41
to remove personal email address

[mojorisin 5]

I believe you are being used. Better to cut ties now and start anew.

[Kathryn41 3,205]

If you and she have not already filed for her green card, she is already at risk of deportation. Her marriage to you allows her to adjust her status from her now expired visitor visa to become a permanent resident - but is she is not married to you, or if the marriage does not appear to be a valid marriage, then she would not be granted a green card.

Most petitions to become permanent residents from a non-family based visa (which means the visa used to enter the country, not necessarily the sponsorship) require a personal interview before an immigration adjudicator with both parties present. This is to ensure that the couple is indeed a couple and eligible to adjust status based upon marriage to a US citizen.

If your wife has left your family home and is talking about divorce and you have not yet started any of the immigration paperwork it will be an uphill battle to get her approval. If you have started the immigration paperwork and it is withdrawn due to divorce then she will not receive a green card and is deportable once that decision is made. Whether or not she will be deported will actually depend more on her and her circumstances - is she law-abiding, etc. or is she drawing the attention of government authorities to her presence.

If you have started the paperwork and are still together, then her approval will depend a lot upon the interview and whatever evidence you are able to submit that you are a valid couple who married for love and not for a green card. If it is approved, then she will get a 2 year conditional green card and must apply within the 90 day window before that card expires to have the conditional status removed in order to receive a 10 year card, providing evidence of the validity of your marriage during those 2 years. If it is not approved, then she is required to leave the US and if she does not, becomes deportable. Again, whether or not she is deported will depend upon her circumstances.

I know you didn't ask for relationship advice but I did want to say that if you love her and you believe she loves you and your marriage is going through the usual struggles first year cross-cultural relationships go through, then you would both probably benefit from seeking some sort of professional marriage counseling and then decide whether or not to pursue her green card. If she does want out of the marriage or it appears that she got married only to stay in the US then please give serious consideration to letting her go and save yourself the time and the money (the AOS petition is not cheap!) and do not proceed with any immigration paperwork, even though you love her.

Good luck to you.

Edited June 18, 2014 by Kathryn41