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    Playablanca's Avatar
    Playablanca Posts: 1, Reputation: 1
    New Member
     
    #1

    Apr 22, 2008, 09:39 AM
    Getting divorce with green card
    I just got my green card and I want to get divorce, can I do it without losing my status?
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #2

    Apr 22, 2008, 10:13 AM
    I assume that you become lawful permanent resident by marriage to US citizen and now you have a 2 year condition on your green card.

    In this case, you would need to file removal of condition jointly with your spouse 90 days before expiration date on your green card. Getting divorce prior to this 2 years will definitely jeopardize your status unless the divorce has grounds on certain issues such as domestic violence, imprisonment, incurable mental illness, etc. which you must have proofs that those things happen, you entered marriage in good faith, and you have good moral character. The chance is 50-50 unless you have concrete evidences and witnesses.

    If you think of getting divorce because of incompatibility, I would suggest you put this on hold until you get situated. No-fault divorce means your spouse can withdraw sponsorship and you are facing removal.
    gusika's Avatar
    gusika Posts: 2, Reputation: 1
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    #3

    Apr 24, 2008, 02:18 AM
    My friend -men, immigrant from Caribbean has a green card from 2005, he has been married US Citizen American. Right now they are in separation.
    First question: she call him to the court because of money demands as a wife. He was jobless for most of the time, right now has money for living purposes. Is it right to get back money in such situation?
    Second: He wants to divorse. How long it takes and what conditions need to be fulfilled. The divorse need to be done in America as I suppose, in a place of getting married? He doesn't loose to Green Card status?
    How long doesn't he need to wait for citizenship statut?
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #4

    Apr 24, 2008, 02:34 AM
    Quote Originally Posted by gusika
    My friend -men, immigrant from Carribean has a green card from 2005, he has been married US Citizen American. Right now they are in separation.
    First question: she call him to the court because of money demands as a wife. He was jobless for most of the time, right now has money for living purposes. Is it right to get back money in such situation?
    Second: He wants to divorse. How long it takes and what conditions need to be fulfiled. The divorse need to be done in America as I suppose, in a place of getting married? He doesnt loose to Green Card status?
    How long doesnt he need to wait for citizenship statut?


    1. What do you mean by "Is it right to get back money in such situation?"
    They are husband and wife and he is supposed to work and take care of the family, pay bills, etc. She is entitled to file for child custody, etc. like everybody else.

    2. Look at the answer above... same situation here.
    gusika's Avatar
    gusika Posts: 2, Reputation: 1
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    #5

    Apr 24, 2008, 05:16 AM
    That you for the reply.
    For me this is not so obvious (in my country separate wife and husband if they don't have children doesn't put to the court such rights as giving money for living expences for her). I don't know American law.
    By the way my friend mentioned that is possible to get divorse in his country.

    1. What do you mean by "Is it right to get back money in such situation?"
    I am sorry made mistake, I meant giving money. They are in separation so they don't live togheter from 1,5 year.
    What in a case if husband doesn't have a job and woman is working and living with another men?
    It seems to be fake marriage, and seems she has married for money purposes saying she will divorse when he will pay money every time she wants. Is that possible to prove she is taking the money as for transaction not as wife. Right now it looks like she was cheating.
    I know Americans has more rights that immigrants and is hard to prove someone made artificial marriage just for money purposes but...
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #6

    May 7, 2008, 02:09 PM
    This marriage is obviously marriage for convenience. Your friend wanted a green card and she wanted $$.

    He knows what he will be facing when he married her. As long as they are still legally married, though not living in the same house, they are still husband and wife.

    I am saying this is the right thing but if he wants to keep his legal status, that's what the price he has to pay.

    If he wants to end the whole situation, simply get divorce and leave US. He can also report immigration fraud on her, but that means he will never be able to return to US again.. ever!
    jeejee's Avatar
    jeejee Posts: 1, Reputation: 1
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    #7

    Aug 19, 2010, 12:51 PM
    I got marriage 4 months ago, and going to get my 2 years green card within 3 weeks. My husband wants to divorce me. Will I lose my 2 years green care after divorce? We have faith marriage, but things are not good anymore.
    Thank you.
    sadmarriedgirl1's Avatar
    sadmarriedgirl1 Posts: 1, Reputation: 1
    New Member
     
    #8

    Jan 2, 2013, 01:00 AM
    My husband and I have been married for 4 years now. At first everything was great I thought we were best friends; then after the 3rd year everything changed and his attitude and disrespect has become unbareable. I am a US citizen and sponsored him. He now has his green card and is basically doing everything he can to make me quit this marrige. I love him but am starting to feel like he married me to get his green card. If I divorce him can I have his green card taken away?

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