I have a US Greencard, my husband is my sponsor. If we get divorced what will happen to me?

Question

I have a US Greencard, my husband is my sponsor. If we get divorced what will happen to me?

Answer 1

All depends on the type of green card you have, are you a conditional resident? If your answer is YES, then continue reading. If your answer is NO meaning you have a 10 yr gc, you can divorce and move on without telling immigration so, you are a full LPR that's it. Good to go.

You can lift the conditions BY YOURSELF! so don't worry...these people have no clue what they are talking about!

If your answer is YES then:

Best advice go to www.visajourney.com and www.britishexpats.com there are plenty of succesfull cases with divorce waiver with our without further interviews.

If you have doubts, for this please contact an immigration lawyer they will know way better that anybody here.

It really depends on your case and the evidence that you could collect stating that your marriage was bona fide. Sometimes it´s hard to put it in paper.

1. how long you were married before the separation/divorce.

2. you can lift the conditions by yourself (filing a solely I-751 attaching a cover letter, divorce decree and all the evidence - all copies). You will be filing under a divorce/marriage termination waiver. Just check the correspondent letter in the form.

3. You MUST file the I-751  in a timely matter, if not your residency is terminated. Read the instructions in the I-751.

4. you can file once your divorce is final at any time, you don´t have to wait until the time of filing your I-751 (90 days prior to the expiration of your conditional green card).

5. if you are still in good terms with your spouse you two can file a joint petition, then divorce, and then you must refile a new I-751 alone.

6. Evidence are: mortagage (deeds, contract), bank statements in both names, children certificate if any, insurance car/life/health, leases, car loans, pictures, affidavits, travel documents of your trips, tickets of concerts, etc.

It is possible! check those websites.

Answer 2

If it's a conditional green card, you probably will not be able to get the conditions removed and you will lose your green card.  If this is the case, you need an immigration lawyer.  If you have an unconditional green card, you get to keep it even if you divorce.

Answer 3

If there is any accusation of marriage fraud, ICE can remove  even a foreign spouse who has been naturalized.  Any marriage terminated before the foreign spouse has been a naturalized citizen for at least two years can be investigated for marriage fraud and the foreign partner deported.  

If you get a divorce, it is often wise just to leave and return home to your family.  The emotional upheaval of divorce, the financial difficulties, topped off by immigration complications is an awful lot to deal with.  Many find it easier as well as emotionally and financially healthier to just get the divorce over with and go home to be with parents, siblings, old friends and those who care about you.