Couple wants a divorce shortly after getting to the US

[Karry 9]

I am not asking for myself! Just for someone that isn‘t on this page.

 

my friend (german) and her husband got married about 5 years ago. They arrived in the US not that long ago. Now.. with the life getting more difficult here i guess. He decided he wants to be on his own. Now, she gave up everything and has nothing to go back to. She has a job here and tries to make a living. What is the law? Does anybody know? She has a 10 year residence permit. 
 

if he really wants to get divorced, what consequence is there for him since he is the sponsor and is she forced to go back to Germany?

 

Thanks y‘all!

Edited February 11, 2020 by Karry

[geowrian 22,335]

No immigration consequences. They are a permanent resident...their status is not tied to their petitioner.

They can't naturalize under the 3 year rule (unless they remarry a USC and wait 3 years).

 

Edit: The I-864 from the petitioner remains intact. they are still on the hook for them for support or certain public funds to be repaid, if needed.

Edited February 11, 2020 by geowrian

[Karry 9]

2 minutes ago, geowrian said:

No immigration consequences. They are a permanent resident...their status is not tied to their petitioner.

They can't naturalize under the 3 year rule (unless they remarry a USC and wait 3 years).

 

Edit: The I-864 from the petitioner remains intact. they are still on the hook for them for support or certain public funds to be repaid, if needed.

So even tho he brought her here, if he wants to get divorced, she has to go back?

[geowrian 22,335]

1 minute ago, Karry said:

So even tho he brought her here, if he wants to get divorced, she has to go back?

No. They can remain in the US just fine. Their status is not tied to the petitioner.

[SalishSea 16,770]

1 minute ago, Karry said:

So even tho he brought her here, if he wants to get divorced, she has to go back?

Re-read the answer you received.

[Karry 9]

Just now, Jorgedig said:

Re-read the answer you received.

My bad. 

[Karry 9]

1 minute ago, geowrian said:

No. They can remain in the US just fine. Their status is not tied to the petitioner.

So there is no certain amount of time they have to stay married within the us in order for her to stay? I‘m just trying to help. 

[geowrian 22,335]

2 minutes ago, Karry said:

So there is no certain amount of time they have to stay married within the us in order for her to stay? I‘m just trying to help. 

Correct.

[SalishSea 16,770]

2 minutes ago, Karry said:

So there is no certain amount of time they have to stay married within the us in order for her to stay? I‘m just trying to help. 

Correct.

[LizaH 6]

They have been married 5 years, if they came to the US recently she should have come on an IR-1 visa and been given a green card without conditions. In this case it’s no problem but as her sponsor he will continue to be held to the affidavit of support conditions even if they divorce. 
If she came on a CR-1 Visa and was given a conditional green card it can be a problem, this is given if the couple were married less than 2 years when the visa was issued. You have to apply for the conditions to be removed and if no longer married they may deny it unless there are other circumstances, such as domestic abuse.

[Crazy Cat 39,227]

8 minutes ago, LizaH said:

They have been married 5 years, if they came to the US recently she should have come on an IR-1 visa and been given a green card without conditions. In this case it’s no problem but as her sponsor he will continue to be held to the affidavit of support conditions even if they divorce. 
If she came on a CR-1 Visa and was given a conditional green card it can be a problem, this is given if the couple were married less than 2 years when the visa was issued. You have to apply for the conditions to be removed and if no longer married they may deny it unless there are other circumstances, such as domestic abuse.

She can file an I-751 with a divorce waiver.  As long as she can show convincing evidence that she entered the marriage in good faith, she stands an excellent chance of approval.  Domestic abuse is not a requirement.  Many people have successfully removed conditions without domestic violence having occurred.  Sometimes marriages just don't work.

Edited February 11, 2020 by missileman

[Crazy Cat 39,227]

.

Edited February 11, 2020 by missileman

[LizaH 6]

2 minutes ago, missileman said:

She can file an I-751 with a divorce waiver.  As long as she can show convincing evidence that she entered the marriage in good faith, she stands an excellent chance of approval.  Domestic abuse is not a requirement.

True but you still have to prove the “in good faith” part and in the current immigration climate who knows how nice your case reviewer will be. I doubt she has to anyway as they have been married 5 years.

[Ontarkie 13,916]

~~Moved to Effects of Major Family Changes, from IR1/CR1 P&P - as a more suitable forum.~~

[arken 4,197]

2 hours ago, LizaH said:

They have been married 5 years, if they came to the US recently she should have come on an IR-1 visa and been given a green card without conditions. In this case it’s no problem but as her sponsor he will continue to be held to the affidavit of support conditions even if they divorce. 
If she came on a CR-1 Visa and was given a conditional green card it can be a problem, this is given if the couple were married less than 2 years when the visa was issued. You have to apply for the conditions to be removed and if no longer married they may deny it unless there are other circumstances, such as domestic abuse.

OP said she has a 10 year GC.