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Negril2012

Divorce and Spouse Recently Received Permanent Green Card

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Hi!

 

My husband moved to the US in 2014 to marry and recently received his permanent 10 year green card. We were genuinely in love, but now with our 21 month old son, moving constantly every three years and no family support, it’s been really hard on our marriage.

 

We we are not happy and I’m feeling a lot of regret. We disagree a lot and I have so much resentment toward him because he’s dropped the ball in so many times. At the same time, I want to make sure he can see his son because that’s important to me. Plus, he’s a good father and our son loves him dearly. Are there things I should consider before filing for divorce from an immigration standpoint? How do I go about filing myself? He will not contest and I already expect the bills to cone to me.  As disappointed as I am, I still want him to thrive and be the best father possible to our son. 

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4 minutes ago, Negril2012 said:

Hi!

 

My husband moved to the US in 2014 to marry and recently received his permanent 10 year green card. We were genuinely in love, but now with our 21 month old son, moving constantly every three years and no family support, it’s been really hard on our marriage.

 

We we are not happy and I’m feeling a lot of regret. We disagree a lot and I have so much resentment toward him because he’s dropped the ball in so many times. At the same time, I want to make sure he can see his son because that’s important to me. Plus, he’s a good father and our son loves him dearly. Are there things I should consider before filing for divorce from an immigration standpoint? How do I go about filing myself? He will not contest and I already expect the bills to cone to me.  As disappointed as I am, I still want him to thrive and be the best father possible to our son. 

The only issue, is that you are still legally bound to the Affidavit of support you signed, other than that there is nothing.

 

go online for your state and see what can be done to file a divorce, being that you have a child together, I would advise you to get an attorney.

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I'm no expert but my understanding is this: filing for divorce wont mean he is suddenly at risk of being deported, especially if he got his 10 year Green Card (and you couldn't actually influence it one way or the other). He can stay in the states legally for 10 years at least. He can also apply for citizenship after a number of years or have his conditions removed (although this might not apply to someone who is now a permanent resident).

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There is nothing you have to do from an "immigration standpoint". He is a permanent resident with no conditions, so it is no more contingent upon whether he is married to you or not. People marry and people divorce all the time, but from the USCIS perspective, such divorces are a red flags for potential marriage fraud, so he may have to do a bit of explanation once he applies for citizenship, if he chooses to apply. (he can apply after 5 years of permanent residency). 
 


Relax, this is not a race.

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With a child and child support issues you need a Lawyer.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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you need a divorce attorney, not immigration help.

 

you are still liable for him under your affidavit of support, just so you know.


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

11/19/2018        NVC Received file

12/13/2018        Consulate received/ ready to schedule interview

 

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Thread is moved from the Military forum to the Effects of Major Changes forum, to be among similar threads.


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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On 12/10/2018 at 7:07 AM, Apelcina said:

He can stay in the states legally for 10 years at least.

The 10 year GC expiration date does NOT equal an end to LPR status: https://www.uscis.gov/green-card/after-green-card-granted/rights-and-responsibilities-permanent-resident/rights-and-responsibilities-green-card-holder-permanent-resident But it is a misdemeanor for any (age 18+) non-citizen to not carry proof of immigration status: https://www.uscis.gov/green-card/after-green-card-granted/renew-a-green-card#law

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