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Green card questions...

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My husband and I were married in Ethiopia 9/1/11 and since then he's received his 10yr green card...we are seperated and possibly on the verge of divorce...his green card is due for renewal in may of this year...my questions are:



1. Do I need to be with him to renew the green card?



2. Do I have any rights at this point since we've been married over 3 years?



3. I heard about the green card marriage interview...does this pertain to us? or for couples who are seeking a green card and have been married less than 2 years?



Any advice is much appreciated...thanks!!


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1) No.

2) No more or less than your usual rights.

3) No.

He has an unconditional ten year green card, so any divorce will have no effect on anything relevant.

The only issue is he won't be able to file for naturalisation until he's been an LPR for five years.


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You mean do U have any responsibility,

if he works for 10 yrs you are off the hook

if he files for citizenship U are off the hook

financially your are responsible for that I-864.

however you are not needed in attendance to

renew his GC.

Please encourage him to apply for citizenship

if you both are still see-ing each other even-though

contemplating a divorce, you will get from under

that obligation, but you must be together during

the process

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Unanswered duplicate thread in another forum has been removed. Need to post only once on the same topic.

[Moderator hat off]

If he has a 10-year green card that he got recently, why would it be up for renewal in May 2015? Something about the timeline is confusing.

Your obligations under the I-864 remain, as posted just above.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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1) No.

2) No more or less than your usual rights.

3) No.

He has an unconditional ten year green card, so any divorce will have no effect on anything relevant.

The only issue is he won't be able to file for naturalisation until he's been an LPR for five years.

Thanks for the info...I just didn't know if we get a divorce at this point if it would impact anything, but I guess not with the exception of what you said the naturalization and LPR for five years.

So since we were married 9/1/11 in Ethiopia, and came to US in 9/2012, is it 5 years from 2012?

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You mean do U have any responsibility,

if he works for 10 yrs you are off the hook

if he files for citizenship U are off the hook

financially your are responsible for that I-864.

however you are not needed in attendance to

renew his GC.

Please encourage him to apply for citizenship

if you both are still see-ing each other even-though

contemplating a divorce, you will get from under

that obligation, but you must be together during

the process

Wow..glad to know this, so if we get a divorce, can you tell me what you mean as far as my responsibility as far as the I-864? another question please...he hasn't worked 10yrs...I will let him know about getting his citizenship in the meantime...is there a long process to getting citizenship? My concern is, and I want to make sure I'm hearing you correctly...if we divorce before all of what you stated...I'm financially responsible for him until he meets one of the criterias you mentioned, right?

Thanks so much for your help...

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he got a 10 year green card? perhaps was issued in error?

I mention this,

as

it was less than 2 years from marriage date to visa issuance date, or to transit date at the POE event. USCIS issued many cards in error, even the card says 10 years, the A-file designation is set at CR-1, renewal must occur at the 2 year mark to obtain a 10 year card.

the 5 years is from the first date on the first green card. with a CR-1 or IR-1 visa holder, that's usually the POE date. usually.

Do you have a scan of his green card? check the dates on it. He not qualify for a 10 year card, are you certain he currently holds one?

as to the I-864, it's 'legally enforceable' until that criteria is met.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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he got a 10 year green card? perhaps was issued in error?

I mention this,

as

it was less than 2 years from marriage date to visa issuance date, or to transit date at the POE event. USCIS issued many cards in error, even the card says 10 years, the A-file designation is set at CR-1, renewal must occur at the 2 year mark to obtain a 10 year card.

the 5 years is from the first date on the first green card. with a CR-1 or IR-1 visa holder, that's usually the POE date. usually.

Do you have a scan of his green card? check the dates on it. He not qualify for a 10 year card, are you certain he currently holds one?

as to the I-864, it's 'legally enforceable' until that criteria is met.

Thank you for your input...I'm so confused with all this stuff and need some clarification...he's staying with friends since we're seperated and divorce may be next step..but I will get the info from him as far as the expiration of his green card...you mentioned the 2 year mark for renewal..is it from the time we recieved the green card? you know right...for him to say he has to go in May to renew, its probably the 2 year that your referring to, so when he renews it in may, is it then changed to 10year green card? if we divorce before he renews the green card, what will happen? to him? to me? I need more understanding on the I-864? so if we divorce for example next month...can you explain the I-864 to me please...how do we find out if his visa was issued in error? thanks!!

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visa issued in error?

or green card error on the date ranges? [i vote the latter, only way to tell is to look at the 2 dates on it]

as to I-864, and your role - study the I-864 instructions . do you have a pc with internet access?


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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visa issued in error?

or green card error on the date ranges? [i vote the latter, only way to tell is to look at the 2 dates on it]

as to I-864, and your role - study the I-864 instructions . do you have a pc with internet access?

I will ask him what dates are on the green card...yes i have internet access

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By your own statement you were married in 2011 and came to the US in September of 2012--I am assuming he entered on a spousla visa so he became a LPR the day he entered the US. That would mean he has been a LPR since September 2012 with a condition GC and would have had to file for ROC (removal of conditions) by September 2014--not May 2015. Filing for ROC allows the conditional LPR to become a LPR and receive a 10 year GC. The only real difference bewteen a condition LPR and a LPR is that the status of a conditional LPR expires when the GC expires. Something about the whole timeline is very fishy. If he was to file the ROC back in 2014 and did not do so, he is now in the US illegally and not a LPR. It is doubtful that he will be able to do anything to keep his GC after such a long time. This would fall unit #2 below.

If you divorce before he renews, he files the I-751 and asks for a waiver for the joint filing requirement. He still has to prove that he entered the marriage in good faith and not just to come to the US and get a GC--not that hard to do for legitimate marriages. You have to do nothing, it is his GC and his responsibility.

As far as the I-864, you signed a legal agreement with the US government that if your foreign spouse you are sponsoring ever gets means tested benefits from the government, you will repay the money received. Your responsibility for this continues until 1) He works for 40 qualifying quarters; 2) He returns to his home country and abandons his LPR status; 3) He becomes a US citizen; 4) He dies; or 5) You die.

Dave

Edited by Dave&Roza

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:time:


Also please.. are you a green card holder or a US citizen? how did he obtain his green card? Through marriage, work, or other means?


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By your own statement you were married in 2011 and came to the US in September of 2012--I am assuming he entered on a spousla visa so he became a LPR the day he entered the US. That would mean he has been a LPR since September 2012 with a condition GC and would have had to file for ROC (removal of conditions) by September 2014--not May 2015. Filing for ROC allows the conditional LPR to become a LPR and receive a 10 year GC. The only real difference bewteen a condition LPR and a LPR is that the status of a conditional LPR expires when the GC expires. Something about the whole timeline is very fishy. If he was to file the ROC back in 2014 and did not do so, he is now in the US illegally and not a LPR. It is doubtful that he will be able to do anything to keep his GC after such a long time. This would fall unit #2 below.

If you divorce before he renews, he files the I-751 and asks for a waiver for the joint filing requirement. He still has to prove that he entered the marriage in good faith and not just to come to the US and get a GC--not that hard to do for legitimate marriages. You have to do nothing, it is his GC and his responsibility.

As far as the I-864, you signed a legal agreement with the US government that if your foreign spouse you are sponsoring ever gets means tested benefits from the government, you will repay the money received. Your responsibility for this continues until 1) He works for 40 qualifying quarters; 2) He returns to his home country and abandons his LPR status; 3) He becomes a US citizen; 4) He dies; or 5) You die.

Dave

Hi Dave,

sorry let me give you more insight as to I myself given our situation, I never thought it would come to this but it has, we married and all was good, when we got to US in 9/2012, we did get the ROC in 2014, but what I'm confused on is now hes telling me he has to renew his green card in may, so does that mean he only got a conditional 2yr green card? I dont get it? sorry I just didnt think we would be in this position, and so now, I'm trying to figure out everything with his immigration stuff since we've been here...we did pay for the ROC, then he got the 10year green card...but my question now Dave is, if we divorce next month, meaning filing the divorce papers and etc. will that affect his status now that he has the green card? do they (USCIS) look at the time we were married in Ethiopia until now? or when we actually came to US in 9/2012? as far as possible marriage fraud? I'm asking because the more I think back on certain things that happened within our marriage, it just doesnt add up...the reason for our seperation honestly was I had insecurity and jealousy issues and it affected our relationship, he did try to help me, and was a good husband, but I just feel that hes not giving our marriage the chance to really heal and go through counseling which I've suggested, so thats why I feel so bad that he could do this to me and not try to work it out...so really, we've been married and here in the US for 2yrs and 2mos yeah? 9/2012-2/2015, he left and is staying with friends, and has not returned home, we communicate and he is not wanting to work things out...I have an appointment scheduled with the local USCIS office here in Washington state this week, but I just want to ask what my rights are at this point...could his green card be revoked if I mention that we are divorcing and he's not living at home? many of my friends and family are wondering why he doesn't want to try to make it work since its been such a short time you know...this has been so stressful on me and my family an I just want to do whats right...I'm going back looking through all the immigration papers and the letter we got with the green card tonight...I'm the US citizen, and my husbands the green card holder to answer the other poster...he did come on the CR1 Dave, I'm certain of that...thanks Dave!! help

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Okay, I think my crystal ball is now working and I think I MIGHT understand your situation a bit more. If you filed for ROC then he has a 10 year GC and has nothing to do until 2024. I am betting he is thinking of filing for USC and doing so at the 3 year mark minus 90 days--that is June not May. For him to qualify for USC he must still be married to the USC he received his GC with--i.e. you--otherwise he must wait until he has been a LPR for 5 years.

I do not understand why you are concerned about HIS immigration status. There is nothing you can do to help or hurt him. If the marriage is over then file for divorce and move on. Let him worry about his status in the US as it is not your concern. The only thing hanging over your head is the obligations of the I-864. He has a 10 year GC and as long as he follows the rules to maintain it, divorcing him has no affect. The only immigration impact on him a divorce would have is he would have to wait until he has been a LPR for 5 years to become a citizen--September 2017.

Dave

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Okay, I think my crystal ball is now working and I think I MIGHT understand your situation a bit more. If you filed for ROC then he has a 10 year GC and has nothing to do until 2024. I am betting he is thinking of filing for USC and doing so at the 3 year mark minus 90 days--that is June not May. For him to qualify for USC he must still be married to the USC he received his GC with--i.e. you--otherwise he must wait until he has been a LPR for 5 years.

I do not understand why you are concerned about HIS immigration status. There is nothing you can do to help or hurt him. If the marriage is over then file for divorce and move on. Let him worry about his status in the US as it is not your concern. The only thing hanging over your head is the obligations of the I-864. He has a 10 year GC and as long as he follows the rules to maintain it, divorcing him has no affect. The only immigration impact on him a divorce would have is he would have to wait until he has been a LPR for 5 years to become a citizen--September 2017.

Dave

Thanks Dave...I appreciate the insight...you're right...I'm just hurting because I bought this on myself and now theres nothing I can do but to move on...again, I appreciate the informative info you shared.

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