DIVORCE CAN AFFECT MY LPR status?What should I do after divorce?

[burberry secret 0]

Hi.

In nov 2017, in my home country I divorced from the man I had a relationship of 15 years.

In 2013 we got married in the US, in 2016 I applied for the green card and in July 2017 I received the 10 years GC.

In october 2017 I discovered he had an affair with his goddaughter and in nov we divorced. I didn’t change my name and my question is if I should file for I90.

Also, should I register the divorce in the US? He moved with his lover in our house and me and our daughter of 12 had to leave it. He continues to threaten me that he ll do whatever it takes to make me ineligible for the US Citizenship.

What should I do?

Thank you.

 

[geowrian 22,335]

The divorce will not affect your LPR status. You will still need to file an I-90 for a renewal of your card before it expires, but that won't be until 2027. Or you can naturalize, in which case you won't need a greed card anymore.

There's no such thing as registering  a divorce in the US. The foreign divorce documents are accepted.

 

He can threaten whatever he wants, but he has no say in the process. It's actually foolish of him to try to stop you...he's on the hook for you via the I-864 he signed still. If/When you become a US citizen, his I-864 obligations go away. It's to his benefit if you become a citizen.

Edited November 1, 2018 by geowrian

[burberry secret 0]

Thank you very much for your quick answer. I am feeling relieved now that I found he cannot harm me anymore.

I changed the house, the life I had, even the state just to be as far as possible of him.

Thank you again.

Wish you the best!

[Villanelle 4,121]

Um..how did you get a divorce in your home country when you are a resident of the US? Typically divorce is filed and granted by the court which has jurisdiction over where you live. You can not be an LPR + a resident of your home country. One could argue by going overseas to wherever your home country is and filing a divorce as a resident there you gave up your residence in the US. 😐 what say you @geowrian- thoughts?

Edited November 1, 2018 by Damara

[geowrian 22,335]

2 minutes ago, Damara said:

Um..how did you get a divorce in your home country when you are a resident of the US? Typically divorce is filed and granted by the court which has jurisdiction over where you live. You can not be an LPR + a resident of your home country. One could argue by going overseas to wherever your home country is and filing a divorce as a resident there you gave up your residence in the US. 😐 what say you @geowrian- thoughts?

It's a good point...normally one needs residence abroad for the divorce to be recognized. Although I have seen a number of cases where one was able to do so with only physical presence still...but it is iffy IMO.

If one did have residence abroad, that would put their LPR status at risk. But if re-admitted to the US (I assumed the OP was back in the US but this has not been explicitly specified yet), then it would no longer be an issue LPR-wise (although if abroad too long, it could have naturalization consequences regarding physical presence and/or continuous residence).

[burberry secret 0]

2 minutes ago, geowrian said:

It's a good point...normally one needs residence abroad for the divorce to be recognized. Although I have seen a number of cases where one was able to do so with only physical presence still...but it is iffy IMO.

If one did have residence abroad, that would put their LPR status at risk. But if re-admitted to the US (I assumed the OP was back in the US but this has not been explicitly specified yet), then it would no longer be an issue LPR-wise (although if abroad too long, it could have naturalization consequences regarding physical presence and/or continuous residence).

He filled for the divorce at a public notary in the country we are both citizens.

When I found about his relationship we were in vacation there.The divorce took 1 month wating time, and then we both got back in the US- he at our house, my daughter and I at a hotel and then in a rented apartment.