What happens if you fail to renew 2 year GC?

[Robert&Karen 264]

We did the sweetheart visa, she got here a year ago and is having a terrible time adjusting to life in the USA. On one hand she wants to go back but on the other hand she likes the freebies in the USA. She has one year more to go on the two-year green card before we'd apply for the ten-year card. It's not looking food.

Let's assume she moves out and I have no idea where she goes, which is how things are looking. What will happen when the current GC expires? I guess I do not understand the purpose of the two-year card to begin with, is it something probationary, or just a way to make more money for Uncle Sam?

[Sam and Fen 41]

The 2 year card is a "conditional" card designed to prevent fraud.

You will have to file an I751 - Removal of conditions to gather and prove that you are a true married couple and submit proof of commingling of finances like joint accounts, lease etc.

If she divorces you, she can still file an I751 on her own with a waiver.

If no I751 is filed and she is still in the country she becomes out of status (illegal alien) and is subject to deportation.

[tom&tanya 48]

At the end of the two year green card you are to send in proof of bonafide marriage. It's done so Uncle Sam can weed the fake marriages from the real ones. If you do nothing and let her card expire she must return to her home country. When you Is she is having trouble adjusting to the US or to being married? She might have grounds to adjust without you under certain circumstances.

[Nich-Nick 3,354]

We did the sweetheart visa, she got here a year ago and is having a terrible time adjusting to life in the USA. On one hand she wants to go back but on the other hand she likes the freebies in the USA. She has one year more to go on the two-year green card before we'd apply for the ten-year card. It's not looking food.

Let's assume she moves out and I have no idea where she goes, which is how things are looking. What will happen when the current GC expires? I guess I do not understand the purpose of the two-year card to begin with, is it something probationary, or just a way to make more money for Uncle Sam?

She can apply on her own to renew her greencard. There's a box to tick saying she is seeking a waiver to the still married requirement. If she shows she entered the marriage in good faith and has some joint things to provide showing you lived together, etc, then she will get approved for her 10 year card without you. You will remain on the hook for the Affidavit of Support you provided. She will be eligible for US citizenship 5 years from the date of her first greencard, instead of after 3 years if she remained married to you.

[Robert&Karen 264]

At the end of the two year green card you are to send in proof of bonafide marriage. It's done so Uncle Sam can weed the fake marriages from the real ones. If you do nothing and let her card expire she must return to her home country. When you Is she is having trouble adjusting to the US or to being married? She might have grounds to adjust without you under certain circumstances.

Well she has had a few run-ins with the law already, nothing bad, but knocks on the doors and such. She says I am guilty of mental abuse, defined as asking her to clean up the house. She does no housework and the whole place has gone ghetto. I'd post pics but you'd call CPS, no biggee because they have been out numerous times.

Also, though we were married in November she moved out of the bedroom in January and has been back less than 12 days total since. It's a different excuse each time. Her plan now? Sue me for divorce and support for life.

Sounds like letting the 2-year card expire and maybe write a letter to USCIS is a good thing. She won't have the funds to apply on her own.

Edited January 2, 2013 by Robert&Karen

[newlyweds2010 208]

If you have been married for about one year, as I see from your timeline, I'd say that there is close to nil chance that you will be ordered by a California court to support her for life. Jim may chime in, he wrote several times on this topic. If she divorces you, she can still apply to remove conditions on her own, and you can't really do anything to prevent her from doing so. You may contact the USCIS or ICE, but you should have solid evidence that she did not marry you in good faith (i.e., that she scammed you to obtain a green card). Unless she was arrested and convicted of certain deportable offenses, I do not think that cops knocking on the door will cause her any issues.

You will still be on the hook with respect to the Affidavit of Support, though, unless she is deported or becomes a US citizen. If she does not file ROC, jointly with you or on her own requesting a waiver, her status will be automatically terminated and she will be deported.

[TBoneTX 45,090]

Some good answers here. Just a mild correction:

If you do nothing and let her card expire she must return to her home country.

More accurately, she must leave the United States and is free to go to any country that would accept her.

[Robert&Karen 264]

Okay well it as more than knocks on the door, but we don't need to go that deep here. Let's just say that in any interview she has plenty of explaining to do. It may not count heavily towards an official police record, but it speaks volumes of her character, and I know USCIS can go by that in their decisions. Morals as well as legal bits. We shall see. Wow this sure turned.

[sachinky 465]

If she has enough documented proof that she married you in good faith (i.e. not for a green card) then she will be able to apply for a 10 year card on her own.

If her current GC expires and no ROC is filed, then her status is no longer of a resident alien and therefore, she is deportable.

Edited January 3, 2013 by sachinky

[Robert&Karen 264]

If she has enough documented proof that she married you in good faith (i.e. not for a green card) then she will be able to apply for a 10 year card on her own.

If her current GC expires and no ROC is filed, then her status is no longer of a resident alien and therefore, she is deportable.

I myself believe the marriage was in good faith but now I am not so sure. Moving out of the bedroom right after the GC interview? Coincidence? Well she tells me she has a place to go and I won't hear from her again. But if the card expires, that's that? What about folks who do not have the money to file or forget about it? Can they not get waivers?

[caly 48]

There is no waiver for this that I am aware of. Anyone with a conditional green card MUST apply for ROC within the 90 days or lose their LPR status.

[VanessaTony 3,567]

Okay here's the situation as I see it:

- You're headed for divorce.

- She's had her GC around a year, has been sleeping separate from you since she got it

- She's threatened to sue you for support

- She's had a few run-ins with the law (though not divulged on here, the kind of run-ins will determine whether it will really matter for immigration or not)

Here is where you stand:

- The I-864 from the AOS is in effect and remains in effect until she becomes a USC, works 40 quarters, dies, or gives up her GC

- The I-864 is a contract between you and the government. She is not a party to it. She can try and sue you for support, some people have been successful, but more often it's ignored for the whole "she's not a party to it" reason.

- You've only been married a short time so I find it hard to believe you'd be ordered to pay any form of spousal maintenance

- She doesn't need you to file ROC, she can file with a waiver (divorce typically)

- She will need to prove the marriage was entered into in good faith for ROC.

- She can ask for a "fee waiver" instead of paying so not having the funds won't necessarily be a factor (they're not always approved)

- If she forgets to file her GC can be revoked. Some people have successfully filed late (presenting valid reasons for filing late) and still been approved

- If she doesn't file on time (for whatever reason) and ends up having her GC revoked... your I-864 would be cancelled, and she would be in the US illegally. You wouldn't be held responsible for that.

If I were you and the marriage was devolving the way yours is, I would get out now. File for divorce, have her served while she's out of the house with an Order of Protection added (if your attorney thinks you have grounds). You want to protect yourself from any craziness, and also from her entering the premises. She claims she has somewhere to go so you wouldn't be doing any harm doing it that way.

The two year card WAS designed to weed out the real from the fake but with the divorce waiver and abuse waiver people don't have to stay together for the 2 years anyway... so now it's really about getting more money and keeping us on our toes.

Good luck. Sorry it didn't work out.

[VanessaTony 3,567]

There is no waiver for this that I am aware of. Anyone with a conditional green card MUST apply for ROC within the 90 days or lose their LPR status.

Waiver of what? For filing ROC? Or Joint-filing ROC? There is a divorce, deceased, and abuse waiver. Meaning they file BEFORE the 90 days are up or during the 90 days (whichever comes first) on the grounds of divorce, death of the spouse/petitioner or abuse. In all cases the marriage must be shown to have been in good faith.

[sachinky 465]

I myself believe the marriage was in good faith but now I am not so sure. Moving out of the bedroom right after the GC interview? Coincidence? Well she tells me she has a place to go and I won't hear from her again. But if the card expires, that's that? What about folks who do not have the money to file or forget about it? Can they not get waivers?

"Forgetting" is not a valid excuse. You are supposed to be aware of your immigration status -- and one look at her GC will tell her that it is set to expire -- however, people have filed late and if there is a valid reason such as delay due health or emergency, then they are accepted.

As far the filing fee goes, I could be wrong but I think there is a fee waiver for that as well. However, I have no idea how often those are approved or not. It's about $500 if memory serves me right. Not an outrageous amount by any means.

[bigdog 376]

Good luck with all of this.