If my dad who has conditional green card divorce ?

Question

my dad married w/ a lady(my stepmom) who is a u.s citizen.

and he has a conditional green card. and he filed for his 10 year one.

and his marriage is not a fraud.

and then my stepmom petitioned me and my sister.

so we have conditonal green card too.

but they are kind of having some probs since my sister has troubles getting along with my stepmom.

is he going to be deported if he divorces with her?

if they divorce, what happens to us?

do we have to leave the states too?

Answer 1

The basic simple bottomline is that it is conditional for the first two years. Now if your father has already applied and interveiwed he might just get the card. But if he has not interviewed or they ask for a second interveiw and step mom does not comply everybody is done.

Al step-mom has to do is file for divorce. If the divorce is already done all of you are done. The step mom might be able to work it out for you and your sister though with a good attorney. The step could be sufficiently pissed to say the heck with expending the time and money.

But that is not the real point. Everybody has issues with kids. Your father should be addressing all of these concerns and having a united front in regard to your sister..... he is married. He should be working with his wife and putting his foot down in regard to all.

I had a horrible stepfather. I have been married myself for a long time so I understand the deal.

Someone including you needs to speak to your sister and explain what can happen from this 15 year old stuff. Dad could be divorced and deported. He would lose all that he has worked for and be angry for years. You two could be sent home. Your step would feel pain from losing a husband.

This is some serious stuff. A 15 year old should not be given the opportunity to impact so many peoples future. You need to tell her to get her stuff together and at least act like she likes her step. Does even she want to wake up on day and say 25 and think "I should have been nicer"?

Answer 2

Foreign alien residency cards "green cards" are issued for life and not on a conditional basis. It is true that some types of these cards must be renewed every decade but they are all issued for life. Work permits are not considered "green cards".  

Answer 3

In order for your dad ( and you as well as your sister) to be able to keep the legal resident status, he will need to remove the conditions 2 years after the Green Cards were granted.  If they get divorced before then, he won’t be able to send in supporting documents that they are still together, and it is possible that the Immigration will call them for yet another interview.  If he cannot prove that he is still married the Green Cards will not be extended and your family will lose the legal status. Does not mean that you all will get deported, but the Green Cards will no longer be valid.  The only reason why he would be able to divorce her and still keep the Green Card is if he can prove that the wife was abusing him.  There would be additional paperwork required and I would advise hiring an immigration attorney for such case.