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lasojourner

Permanent resident getting divorced

By lasojourner in Effects of Major Family Changes on Immigration Benefits

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lasojourner Newbie

lasojourner   0

Posted
Filed: K-1 Visa Country: Chile
 Timeline
Posted (edited)

Hi everyone.

I'm a new member and I'm going through really difficult times. My American husband and I are getting divorced after almost 4 years of marriage. Unfortunately things didn't work out, and even though we tried to save our marriage it's worthless.

As you can imagine I'm completely lost, since I don't even know if I can stay in this country. I just got my permanent resident card (10 years) but my husband did all the paperwork so I have no clue what am I supposed to do next! Can I stay in this country? I also have a daughter, she's american, and I will have her custody...at least that's what I want.

Is anyone going through the same thing? I'm not planning moving back to my country (Chile) because I think the best for my daughter is to stay here.

Does anyone know what my rights are?

Any help will be greatly appreciate it.

Thanks.

Edited by lasojourner
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Mrs_S Contributor

Mrs_S   0

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted

You are now an unconditional permanent resident and have the right to live and work in the US for as long as you please.

After you have been a permanent resident for 5 years minus 90 days, you are eligible to apply for citizenship (also called naturalization), and would need to fill out the N-400. If you choose not to become a citizen, you need to replace your green card when it expires and also need to make sure you are not considered to have "abandoned" your permanent residence.

I would recommend asking your husband for copies of paperwork he submitted for you, so you have it for your records. If you get custody, it's in his interest to have you in the country if he wants to see your daughter.

For more information about your rights and responsibilities: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Timeline for Naturalization:

Day 1: Application delivered to AZ

Timeline for Removing Conditions:

Green card received 117 days after application was delivered to USCIS

Timeline for AOS:

Green card received 120 days after application was delivered to USCIS

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sjoefl01 Community Regular

sjoefl01   1

Posted
Filed: K-1 Visa Country: Colombia
 Timeline
Posted

Mrs S's advice is dead on. The 10 year card means your have no conditions of marriage on your residency.

10 Nov mailed I 129F to TSC

16 Nov 29 Nov Notice date

3 Dec Received NOA 1

3 Jan 05 Please I just want to be touched

3 may 05 NOA2 E mail notification

7 May 05 Mail NOA2

11 May 05 sent petition to Bogota

18 May Packet 3 arrived

19 May Checklist taken to consulate

31 May Packet 4 delivered

29 June visa granted

1 July Visa delivered

Sometime in July Lucero came to US

13 Sept 05 Married

1 Nov 05 -USCIS recieved 485 and EAD

13 December RFE stupid things I should have included Returned very quickly

27 March received bio letter for New Orleans

7 Apr_06 Bio done in New Orleans

20 April 06 Touched on all applications

21 April Email received EAD approved

27 Apr Received EAD card

30 May 2006 Received appointment letter for JaX on 13 July 2006

13 July Interview successful approved

20 July Received green card

30 June 08 Sent I751 to remove conditions

25 July 08 Application returned erroneously incorrect fee

27 July mailed new application with separate checks

15 Sept 08 Application returned erroneously K2 not within 90 day timeframe

17 Sept Mailed 3rd application with mountains of proof of error copied Senator Mel Martinez

09 October 4th application package sent. This time they said the app signature page was a copy

10 Oct Sent package again 4th time.

25 Oct Received another NOA for Wife with $625 for the amount with one year extension

30 Oct 2008 Still nothing for step daughter. Checks still haven't cleared the bank

24 November Checks finally cleared the bank

February biometrics for wife Nothing for daughter.

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  • 3 weeks later...
akdiver Experienced

akdiver   3

Posted
Filed: Other Country: Canada
 Timeline
Posted
If you get custody, it's in his interest to have you in the country if he wants to see your daughter.
On the flip side, it is in his interest for the wife to take the daughter back to wherever, if he wants to avoid "child support".

PEOPLE: READ THE APPLICATION FORM INSTRUCTIONS!!!! They have a lot of good information in them! Most of the questions I see on VJ are clearly addressed by the form instructions. Give them a read!! If you are unable to understand the form instructions, I highly recommend hiring someone who does to help you with the process. Our process, from K-1 to Citizenship and U.S. Passport is completed. Good luck with your process.

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