2009年11月16日星期一

If you just got your 2 year green card and you are getting divorce does the card holder have to leave country?

i married a chinese girl and now after 7 months we do not get along at all. does she get to stay or has to go back to china.no one here is wrong or right just do not get along.

If you just got your 2 year green card and you are getting divorce does the card holder have to leave country?
She will have to leave.
Reply:Since marriage was the reason for granting her a green card, the end of the marriage is the end of the green card. She must return to China. IF she does not, there can be a presumption of marriage fraud and you get to go to prison for a number of years as well as pay a stiff fine.





Get the divorce (you can also get it annulled stipulating that since the marriage you have come to believe that she only married you to get immigration benefits -- which is highly likely), withdraw your sponsorship of her visa, and be sure she leaves the US.
Reply:If you are not married for at least 2 years the green card is kaput.
Reply:Be careful If you or some one else were the sponsor You are responsible for her economically.as long as she is in the U S also the cost to deport her Trust me if she has friends in the U S they know all the rules better than you Try an understand she has left country and friends to come here maybe you can work it out Many times the pressure put on these girls by family is unbelievable ask her about it Her family members well make her think it is them she must take care of and you are of no importance It is drilled into them from childhood but it can be over come


My Asian wife and I went down this road we send a little each mouth to her family She told me ''I don't want my daughter to be put thru this '' I'm planning a trip back for my daughter to see her grandparents my wife does not want to go But it was bad for awhile As you know Asian women do not want to talk about things like this so keep at it in a calm manner Good luck
Reply:Since there is no right or wrong, she will have to turn in her greencard. Usually only people who get abused while being in the US on a greencard can get to stay. Best would be to think about getting a divorce/immigration lawyer in this case as well.
Reply:She has to leave - call ICE and tell them your marriage is over, evidenced by divorce papers, and they will withdraw her application and ship her home!





Next time know better - that is the only reason why she married you!





You may want to read this!


http://www.theconservativevoice.com/arti...


Good Luck!
Reply:I can't believe some of the answers you have received, people obviously need to read up on immigration policy.





Your wife has a conditional green card, if you divorce before she removes those conditions then she is still legal in the United States.





She has the legal right to apply and request to remove those conditions on her own, without you. She can do this by filing Form I-751, she will have to prove that the marriage was entered into, in good faith - just like she would have to do if she was still married and requesting jointly.





Nothing changes except, that once a divorce occures she would check box 'D' in Part two of the form rather than box 'A'





She is a permanent resident of the United States until an immigration judge decides otherwise. A divorce does not terminate her legality in the U.S. nor does she have to return home because of it.





Just an additional note, if she manages to remove the petitions of her green card on her own, you will still be finanacialy responsible for her due to the declaration you made when you signed Form I-864.
Reply:she could still stay. though with 2year probation before her card expires she should file the removal of conditions and apply for waiver because you will not be filling it jointly and she should have proofs that she entered the marriage in good faith but unfortunately got divorce for some reasons. she also have to file it evidences of divorce. for more information go here: uscis.gov.


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