Ramifications of Divorce

[blueidbill]

Ramifications of Divorce
I certainly never thought I would be asking this question after 2 years of struggle to get my wife here, but now she wants a divorce.She has her green card as does her 18yr old son.NO,it is not because she got what she wanted,we just can't get along,different cultures,different languages ,many things are at play.In any case,is she in any danger of legal proceedings to remove her or in any way affect her status? If so,we can just separate and not divorce. I do not want her to be deported.Any ramifications that anyone knows about? thanks.

[Marie]

Does she have her 10 year green card or her conditional green card?

[SHELLYFCO]

Sorry to hear your sad news. I do believe however, that you are financially responsible for her until she accomplishes 40 quarters of work. . .equal to ten years or until you divorce, whichever comes first.

[Adriane]

Sorry to hear your sad news. I do believe however, that you are financially responsible for her until she accomplishes 40 quarters of work. . .equal to ten years or until you divorce, whichever comes first.

Actually, you're financially responsible for her even if you divorce:

From Page 3 of the I-864 instructions (www.uscis.gov/i-864)

How Long Does My Obligationas a Sponsor Continue?

Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the UnitedStates.

Although 40 qualifying quarters of work (credits) generally equate to ten years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social SecurityAdministration can provide information on how to count qualifying quarters (credits) of work.

The obligation also ends if you or the sponsored immigrantdies or if the sponsored immigrant ceases to be a lawfulpermanent resident and departs the United States. Divorce does not end the sponsorship obligation.

[Cathryn]

if you have your permanet resident card and you get divorced before you become a US citizen, do they take everythign away and become illegla again or is there a solution to the problem? a friend of mine went through the same process me and my husband went throguh he was here illegally since he was a child got married got his permanent residence card through the 160 waiver but their marriage has gone down hill and are looking at the options of divorce, but I told them they might have to stay married until he becomes a US citizen, or is there any other solution to him still becoming a US citizen if they divorce before he becomes a US Citizen with his permanent resident card only?

[~MP~]

What if that person never worked or wants to work and never wants to become a US citizen...are you reponsible for them for life?

[aleful]

Cathryn,
Once They Have A Permanent Gc, They Do Not Take It Away, You Are A Resident And You Can Get Divorced, The Only Thing Is That Instead Of Waiting 3 Years For Citizeship, They Have To Wait For 5 Years And Prove That They It Was A True Marriage. Nothing Else.

[aleful]

Mp,
If The Person Never Works Or Does Not Become A Citizen, I Don't Remember If You Are Financially Responsible For 5 Or 10 Years For That Person, It's Not For The Rest Of Your Life.

[blueidbill]

My wife and I have been married over 3 years.As I understand it , she is in no danger of deportation if we get divorced now, being more than 2 years, although I am still legally liable for her support.true? Thank you

[Adriane]

Blue,

Does she have Conditional Residency (a CR-1 visa) or Legal Permanent Residency (IR-1 visa)? If she has the later, you would have needed to file to remove the conditions, and she should be fine.

I'm sorry you are still facing this.

[Salsa2]

So, you applied to remove the conditions on her greencard and she has the ten year one now? If so, no ramifications if you divorce, except that you are obligated under the I-864. I am sorry to hear that things did not work out.

[blueidbill]

she has a 10 year green card, as does her son, so I guess it is a IR1 ,although I am not sure.What type of filing is it that I should do? Thanks
Edit:
I have not applied for anything other than the divorce itself, and thank you for your kindness.

[emt103c]

As long as she has her 10 year card (which means she is no longer a conditional resident) she will have no issues with her residency since you are not contesting validity of the relationship.

[blueidbill]

thank you emt103

[Murillo79]

I'm so sorry you are going through this!