Hi ,
I am married to american man and I have a baby boy who is 2 years old he is a citizen too , I have a green card 2 years would end after 3 months , my husband won't update my green card , what can I do ? And how to stay legal in us? *** help...

Your green card doesn't need up dating unless you have a name change or address change. And if this is the case, then you do that yourself. Your husband can't revoke your green card only immigration can do that.

If you care to explain more of your predicament do so; the above is the way I understand your question.

Tick

Your green card doesnt need up dating unless you have a name change or address change. And if this is the case, then you do that yourself. Your husband can't revoke your green card only immigration can do that.

If you care to explain more of your predicament do so; the above is the way I understand your question.

tick

Well , I am asking about if my green card finished ,shall I update it without my husband , u know I have GC FOR two years and it would end up after 3 monthes , I have a problemwith him now , and I have a baby , do not know what to do my green card would end soon , how to stay in US legally .
Thanks for contacting me .

saraa,

It sounds like you have conditional permanent residence. This is given if you were married less than 2 years at the time your PR was granted. CR is valid for two years and you must file the I-751 to remove the conditions within 90 days prior to the expiration of the 2 years. You must prove up the bona fides of the marriage with evidence of cohabitation and co-mingling of funds.

CR removal, if you are still married, is filed as a joint petition. But the USCIS can waive the joint filing requirement if you are divorced, your husband is deceased or if you are the victim of abuse.

If your husband is not cooperating, it sounds like a serious marital issue. Consider counseling and if that does not help, then file for divorce.

If you cannot complete the divorce in time, you can still file the I-751 with evidence of the divorce filing. The timely filing will extend your work authorization for one year, and you will get a letter with your receipt notice stating such. The USCIS will schedule for biometrics then the interview. You will go without your husband, and at that time if you have the divorce decree, supplement the file with it and get the CR conditions removed and get your 10 year card.

if your divorce is not yet finalized, then at the interview, the officer is supposed to issue you an I-72 RFE giving your 87 days to provide the final divorce. Please note that this is a new directive via a memo to the local field offices; and many officers will not be aware of it. Please confirm this with an experienced immigration attorney.

Also, your time for natz will be 5 years instead of 3 if you are divorced.

I hope this was helpful, good luck.

saraa,

it sounds like you have conditional permanent residence. this is given if you were married less than 2 years at the time your PR was granted. CR is valid for two years and you must file the I-751 to remove the conditions within 90 days prior to the expiration of the 2 years. you must prove up the bona fides of the marriage with evidence of cohabitation and co-mingling of funds.

CR removal, if you are still married, is filed as a joint petition. but the USCIS can waive the joint filing requirement if you are divorced, your husband is deceased or if you are the victim of abuse.

if your husband is not cooperating, it sounds like a serious marital issue. consider counseling and if that does not help, then file for divorce.

if you cannot complete the divorce in time, you can still file the I-751 with evidence of the divorce filing. the timely filing will extend your work authorization for one year, and you will get a letter with your reciept notice stating such. the USCIS will schedule for biometrics then the interview. you will go without your husband, and at that time if you have the divorce decree, supplement the file with it and get the CR conditions removed and get your 10 year card.

if your divorce is not yet finalized, then at the interview, the officer is supposed to issue you an I-72 RFE giving your 87 days to provide the final divorce. please note that this is a new directive via a memo to the local field offices; and many officers will not be aware of it. please confirm this with an experienced immigration attorney.

also, your time for natz will be 5 years instead of 3 if you are divorced.

i hope this was helpful, good luck.

Hi,,
Hope you are doing well , thanks so much for helping me ,well umm about my husband he won't divorce me, and won't to update my second green card , my baby is citizen how to stay legal with my son in the states. Thanks much to u .

hi ,,,
hope u r doing well , thanks so much for helping me ,well umm about my husband he won't divorce me, and won't to update my second green card , my baby is citizen how to stay legal with my son in the states. thanks much to u .

I'm doing well, thank you.

Please consult with a family attorney, but you do not have to remain married. You can file for divorce regardless if he cooperates or not. After you get divorced, you will not need your ex-husband to "update" your second green card.

For your USC child to petition for you, they must be 21 years old, and otherwise qualify to petition for you. That means you will be unlawfully present in the US for 19 years. During that time, you will not be able to travel outside the US, as you will trigger either the 3 year or 10 year bar. Your USC child will not be helpful in overcoming the bar, in that no waiver can be approved as you have no petition filed or any viable petitioner until the child turns 21.

During your 19 years of unlawful presence, you must not commit any crime, regardless of whether you are arrested, charged or convicted. You will likely be working without authorization, another immigration violation.

I say this respectfully, take control of your immigration status, if only for the sake of your USC child. The USCIS and ICE will deport you if you are taken into custody in the next 19 years. Your USC child will not help, and you will not be helping your child.

Confirm all this with any family attorney and an experienced immigration attorney. Good luck.