9 replies to this topic

[ibeabuchi]

Hey just a quick question.  So my soon to be ex-wife got a legit visa (fiance) and our relationship and wedding were all real.  However things have soured (after 3 years) and I was wondering what the options were for her to stay in the united states?  Her temporary perminant resident card expires in oct and I am unwilling to lie to the government about our status.  She does have family here (aunt and uncle).  Any idea's or suggestions?  I don't wish her any harm and don't want her to go back to the bar scene, but I also don't want to put myself in harms way anymore either.

[pubstud]

If she can remain in the USA on her own steam then so be it, however if she needs you to act as sponser or guarantor then in my opinion you should withdraw this support. I don't know about US law but in Australia you can be held responsible for her expenses and her social security payments, so in that case you would want her back to her own country pronto.

[Hung1]

If your wife has been in the country for two years after your wedding, she can apply for permanent residence.  I'm surprised that she doesn't already know this.  The girls are usually up on divorce and immigration laws.  A Philippine lady would know the laws better than your attorney.

[AceFromNJ]

ibeabuchi, on 08 July 2011 - 05:47 AM, said:

Hey just a quick question.  So my soon to be ex-wife got a legit visa (fiance) and our relationship and wedding were all real.  However things have soured (after 3 years) and I was wondering what the options were for her to stay in the united states?  Her temporary perminant resident card expires in oct and I am unwilling to lie to the government about our status.  She does have family here (aunt and uncle).  Any idea's or suggestions?  I don't wish her any harm and don't want her to go back to the bar scene, but I also don't want to put myself in harms way anymore either.

Hung1, on 08 July 2011 - 08:57 AM, said:

If your wife has been in the country for two years after your wedding, she can apply for permanent residence.  I'm surprised that she doesn't already know this.  The girls are usually up on divorce and immigration laws.  A Philippine lady would know the laws better than your attorney.

Hung1 is absolutely right, if she has that permanent resident card without the conditions, she's entitled to stay in the USA forever.  She can apply for citizenship if she wants, and will be accepted or rejected based on her own merits and performance on the test.  It has nothing to do with you.  As it's been three years I'm guessing her conditional permanent resident status has been adjusted by now.

Having said that... YOU WANT HER TO GET HER CITIZENSHIP!  For the love of God, do everything you can to help her.  Help her study for the test if need be.  Remember that affidavit of support you submitted for the fiancee visa?  Well once she's a citizen it's null and void, and if she does on public assistance, the government can't come after you for the money like they can now.  USCIS website

[pubstud]

"Remember that affidavit of support you submitted for the fiancee visa?"

Yep, that's it, you got it in the USA as well. I know guys in Australia sponsered their Thai GFs to get the fiancee visa, then the gals piss off on them, and they're having a ball, fucking other guys all over town, out to parties and nightclubs, claiming unemployment benefits and other support, and these poor dudes have to pay for it all, have to pay for the bitch to run around town getting fucked by everybody except them. It must hurt. I never want to be in that position. Wouldn't wish that on my worst enemy.

[travelling_man]

ibeabuchi, on 08 July 2011 - 05:47 AM, said:

Her temporary perminant resident card expires in oct and I am unwilling to lie to the government about our status.  She does have family here (aunt and uncle).  

I think the previous posters missed this important part.  She is on her CONDITIONAL 2-yr green card.  She can not convert to a permanent 10-yr unless you file the papers certifying and proving you are still together.

Based on your post, I am assuming you were married close to 3 years but she didn't get her visa for about 1 year -- which is why she is now coming to the end of her 2-yr conditional visa.

The simple answer in my mind (but dealing with the government is never simple) is ...

... she is NOT going to be able to legally stay in the USA unless

1.  You lie and file the request to remove conditional status, and prove with a butt-load of documents that the two of you are together and a couple.  Been there, done this.

2.  You divorce her and she marries someone else quickly and then gets him to file for her to stay.

Good luck.

[ibeabuchi]

yes it took forever for her to get the conditional green card.  Our 3 year anniversary is in one month.  She probably didn't read up on the divorce laws because it was actually my idea to end it.  I did read that she can get her citizenship after 3 years of marriage.  So I quess my best option is just to wait a few months to file for divorce and then let her try for citizenship.  thanks for the advice everyone.

[travelling_man]

ibeabuchi, on 08 July 2011 - 05:59 PM, said:

yes it took forever for her to get the conditional green card.  Our 3 year anniversary is in one month.  She probably didn't read up on the divorce laws because it was actually my idea to end it.  I did read that she can get her citizenship after 3 years of marriage.  So I quess my best option is just to wait a few months to file for divorce and then let her try for citizenship.  thanks for the advice everyone.

Again, I am not an immigration atty -- but went through all these steps myself ...

She must be a RESIDENT for 3 years married to a US Citizen.  She must be in the US for no less than ??18 months of the 36.  It is my understanding that she can not go from a conditional to a citizenship application .... but that is only my understanding.

Good luck

[little_me]

Her first green card should have been for two years with a "CF" on it, Conditional, Family.

Normally, when they renew, the part of the application is to have those conditions removed.  If they are not still being met, I'm gonna guess they'll reject the application, but I really have no idea.

If you are not divorced yet, and want her to renew this, then just file the application with associated paperwork.  She'll get a new green card with no conditions, and next time she renews it's not an issue.

[forqalso]

From USCIS website

Quote

Eligibility Criteria

Generally, you may apply to remove your conditions on permanent residence if:

You are still married to the same U.S. citizen or permanent resident after 2 years (your children may be included in your application if they received their conditional resident status at the same time that you did or within 90 days)
You are a child and cannot be included in the application of your parents for a valid reason
You are a widow or widower of a marriage that was entered into in good faith
You entered into a marriage in good faith, but the marriage was ended through divorce or annulment
You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or permanent resident spouse
The termination of your conditional resident status would cause extreme hardship to you