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Filed: K-1 Visa Country: United Kingdom
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Posted

My husband and I care about each other deeply, but things might not work out. We are set to interview for the Green card. I guess my question is, if he gets the conditional green card, which I hope he does, and we divorce, is his conditional green card still valid, and in 2 years time, can he still qualify to have the condition removed? Or, if we divorce, when he has the conditional green card, will he have to go back to his country of origin? If things don't work out, I would like him to move in with his sister in Canada. But, with a conditional green card, would that even be possible? But pray for us. I certainly hope things don't turn out that way. 

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
25 minutes ago, junaidjackie2016 said:

My husband and I care about each other deeply, but things might not work out. We are set to interview for the Green card. I guess my question is, if he gets the conditional green card, which I hope he does, and we divorce, is his conditional green card still valid, and in 2 years time, can he still qualify to have the condition removed? Or, if we divorce, when he has the conditional green card, will he have to go back to his country of origin? If things don't work out, I would like him to move in with his sister in Canada. But, with a conditional green card, would that even be possible? But pray for us. I certainly hope things don't turn out that way. 

Your husband can still file to remove conditions even if you divorce - he'll just need to provide evidence that the marriage was entered into with good faith. Moving to Canada is a completely separate matter - they don't care about US immigration requirements at all.

Posted

If he is a green card holder, he can visit Canada temporarily as a tourist without a visa. However, to move or immigrate to Canada, he has to go through Canada's immigration process.

 

In case of divorce, the conditional green card will still be valid until it expires. Before it expires, he can file to remove the conditions on his green card with a divorce waiver. He will still need to provide sufficient evidence showing that the marriage was bona fide.

Posted

He can file for ROC with a divorce waiver. Sounds like you two entered the marriage in good faith and it just didn't work out. Sorry to hear.

 

Canada has their own immigration laws. He just can't pack up and move there just because he has a US green card. You should investigate if there are even sibling visas for Canada. And if so, if his age (being that he is an adult) impacts eligibility.

 

Good luck.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Filed: Citizen (apr) Country: England
Timeline
Posted
19 hours ago, junaidjackie2016 said:

Thank you all! Yes, that makes sense! Like I said, hopefully things will work out well! Thanks again!

Don't forget that moving out of the US permanently to live and work in Canada means he is subject to having his green card revoked. Go to USCIS.gov and look up maintaining your LPR status. 

Posted

you seem to worry about something that based on your statement of love makes no sense, any relationship may or not work out, any number of things could happen that would affect the two of you, death, war, disease etc, why dwell on the negative possibilities, bask in your love and let it grow, don't agonize on possible negative outcomes. Sorry if this seems preachy, but relationships are hard enough without introducing speculation into them

 

 

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted
3 hours ago, Randyandyuni said:

you seem to worry about something that based on your statement of love makes no sense, any relationship may or not work out, any number of things could happen that would affect the two of you, death, war, disease etc, why dwell on the negative possibilities, bask in your love and let it grow, don't agonize on possible negative outcomes. Sorry if this seems preachy, but relationships are hard enough without introducing speculation into them

Hahaha Randyanduni no no...I appreciate the advice! I was having a really hard day yesterday and thinking all sorts of stuff. But, we're back on track. Yep...love him to death! Hope we never have to consider divorce. Thank you my VJ friend! 

 
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