Greencard Holder, Divoce. Any experts please help.

[unknownnn 0]

Hi all,

I obtained my 10-years of the U.S. LPR Greencard based on the marriage,and am currently getting a divorce with my U.S. citizen spouse.

1.the U.S. citizen spouse sent a letter to USCIS and said I married simply due to obtain a Greencard even though our marriage was certainly based on love in the first place. The spouse was simply upset with the fact that I asked to divorce so based on the anger, the letter to USCIS was sent. Is there any possibilty that 1. my Greencard to be taken, and 2. I will have a hard time to pass the U.S. Custom once while I return back to the U.S. from traveling oversea with my vaild Greencard? I am just concerning that the U.S. Custom at the airport may put me under suspocious eyes due to that letter stated above, even though I am confident with proving the fact that the marriage was not for obtaining Greencard purpose only but rather it did start with love and based on the love.

2. I also understood that when the U.S. citizen sponsored my visa, the spouse signed the contract, I cannot exactly recall the name of this USCIS form, with USCIS to agree with the term of which bascially says,if a Greencard holder uses any public assistances the sponsor of the U.S. citizen must be obligied to pay back to the U.S. Government even after the divorce or untill the Greencard holder earns 40 Social Security credits or to become the U.S. Citizen or to be dead or to leave the U.S. permenantly.

I do not want to do anything with my spouse after the divorce or even stay in touch because I was being abused and the spuse cheated on me and failes to support me. However, it seems for me that I myself will still have to tie with my spouse in some ways because if I ever use public assiatances, it will be reported it to my spouse so the spouse may be able to hear or know of my whereabouts after the divorce. I just do not want to hear or to be heared after the divorce at all.

3. I have been out of the U.S. and plan to go back to the U.S. before it reaches 1 year. I heard that if one srays over 6 months the Greencard will likely to be taken while others say no. I filed the tax and am also planning to take an exam to go to school in the U.S. Are those enough to prove my staying aborad is temporary?

Thank you so much for the help.

[Newbie608 103]

Your Green card will not be taken away and I doubt you will have any problems whatsoever going in and out if the country. I don't think the letter he sent to immigration matters at this time because you already have a 10yrs Greencard.

If you want nothing to do with him after the divorce, don't accept any public assistance since he"ll be responsible. Just move on and start a life of your own.

[Thomas&Cleofe 358]

You are now a lawful permanent resident without conditions, so your status as a LPR is safe.

And being you have the means to travel abroad and go to school then don't rely on the government to support you.

Good luck in your future endeavors.

[MaleAlpha 314]

Unconditional green card holder. If anything the burden of proof is on USCIS to prove that you scammed the system and that is a long battle if they want to go down that route..the possibility of that happening is almost negligible. Just move on and file for citizenship after a while so he gets off the hook for the support. God bless you.

[unknownnn 0]

Thanks all for the help. I do not plan to get any public assistance.

My last concern is that,

I have been out of the U.S. and will plan to go back before 1 year. I will probably be hitting on 10 months since I left the U.S.

I heard about 6 months rule so I am worrying it much now.

I filed the income tax. I do not own property or lease in the U.S. because I am a student and my carrer is still in the process. I have States I D but I do not have the U.S. Driver slicense because I was on the public transportation and did not get supported from my US citizen of the spouse financially.

What else I need to do in order to prove my residency in the U.S.? since my family tie in the U.S. will be lessen after the divorce

thanks in advance

[NancyNguyen 1,657]

You can stay out of the States up to 1 year without a reentry permit. But CBP has sole jurisdiction to determine if you have abandoned your Green card. If that case you need to appear before a judge to prove you still maintain your green card.

FYI, your citizenship wait time is also reset.

[jxn 86]

You can stay out of the States up to 1 year without a reentry permit. But CBP has sole jurisdiction to determine if you have abandoned your Green card. If that case you need to appear before a judge to prove you still maintain your green card.

FYI, your citizenship wait time is also reset.

What happens between six months and one year? I too have heard of the six months guideline.

[Caryh 5,206]

What happens between six months and one year? I too have heard of the six months guideline.

Anything can happen, its a judgment call by the border control agents.

[long_ 3]

How long have you been married? What visa did you come to the US on? These are all questions you need to answer if you want people to help you

[jxn 86]

Anything can happen, its a judgment call by the border control agents.

That's what I thought. It sounds like the best advice is to not stay abroad for more than six months then. An early poster was saying one can stay out up to a year. Although one can, it sounds like passing the six-month mark invited additional scrutiny from CBP, no?

[Caryh 5,206]

That's what I thought. It sounds like the best advice is to not stay abroad for more than six months then. An early poster was saying one can stay out up to a year. Although one can, it sounds like passing the six-month mark invited additional scrutiny from CBP, no?

Of course its an invitation for extra scrutiny. But a single long stay will attract less attention than multiple long stays out of the country. Some people are reporting a crack down on even repeated 6 month stays out of the country. A couple I met recently gave up their annual 6 months in her home country, where they also own a home, because of trouble re-entering. They intend to wait until she gets citizenship before making such trips again.

[long_ 3]

How long have you been married? What visa did you come to the US on? These are all questions you need to answer if you want people to help you

Back to the question above. How long have you been married? Did you get your 10 year greencard once you got to America or was you issued a 2 year first????