Divorce question

[Flavia 1]

My mom's husband wants to divorce her, and asks for her SSN and her Alien Registration number.

While I can totally understand that the SSN is necessary for the attorney, why would he need the Alien Registration number? Can it be for some reason as to have her green card revoked?

[JimVaPhuong 4,863]

My mom's husband wants to divorce her, and asks for her SSN and her Alien Registration number.

While I can totally understand that the SSN is necessary for the attorney, why would he need the Alien Registration number? Can it be for some reason as to have her green card revoked?

He can't "have her green card revoked". Only USCIS can do that. However, if he sponsored her to immigrate, and if she's a conditional resident, then he can (and probably should) notify USCIS about the divorce. The divorce will change what is required from her to remove conditions and get an unconditional green card. This is true whether he tells them about the divorce or not. However, if he notifies USCIS about the divorce then your mother will probably have to deal with removing conditions before her conditional green card would have otherwise expired. USCIS is supposed to take steps to terminate conditional residency after a divorce. If USCIS is not notified about the divorce, your mother will still have to tell them about it when she files to remove conditions before her green card expires.

As her sponsor, he has an interest in whether she remains in the US or returns to her home country because he can be held financially liable for her support. She can refuse to give him her A number, but that won't necessarily stop him from getting it. If he sponsored her then he likely has documents with her A number on them. The divorce judge can also order your mother to provide the number, since it's relevant to the divorce.

Are you also a conditional resident, and did you get residency as a derivative of your mother (K2 or K4 visa)? If so, then you also have an interest in whether she removes conditions. If she loses her legal status here, then so do you.

[Flavia 1]

My mom's husband wants to divorce her, and asks for her SSN and her Alien Registration number.

While I can totally understand that the SSN is necessary for the attorney, why would he need the Alien Registration number? Can it be for some reason as to have her green card revoked?

He can't "have her green card revoked". Only USCIS can do that. However, if he sponsored her to immigrate, and if she's a conditional resident, then he can (and probably should) notify USCIS about the divorce. The divorce will change what is required from her to remove conditions and get an unconditional green card. This is true whether he tells them about the divorce or not. However, if he notifies USCIS about the divorce then your mother will probably have to deal with removing conditions before her conditional green card would have otherwise expired. USCIS is supposed to take steps to terminate conditional residency after a divorce. If USCIS is not notified about the divorce, your mother will still have to tell them about it when she files to remove conditions before her green card expires.

As her sponsor, he has an interest in whether she remains in the US or returns to her home country because he can be held financially liable for her support. She can refuse to give him her A number, but that won't necessarily stop him from getting it. If he sponsored her then he likely has documents with her A number on them. The divorce judge can also order your mother to provide the number, since it's relevant to the divorce.

Are you also a conditional resident, and did you get residency as a derivative of your mother (K2 or K4 visa)? If so, then you also have an interest in whether she removes conditions. If she loses her legal status here, then so do you.

JimVaPhuong, thanks for reply.

I have a permanent green card based on marriage to my husband, so it doesn't really affect me in terms of status, but it will affect me for sure if mom has to go back - she's completely alone there, and my heart will be torn apart before I know it.

I have already posted here before, but some things are still not quite clear to me.

-Some say she is fine until her conditional status expires in two years. Some say that the moment she gets divorced, she's out of status. What's right?

-Another thing, it says he can't withdraw the Affidavit of support unless the marriage has been annulled. Is that true? She has no intention (nor the need) to impose herself on her ex-husband due to his being financially responsible.

-And also, if she applies for a waiver of joint filing requirement right after getting the divorce, does she have any better chance of getting approved rather than waiting until 90 days before her GC expires?

Thank you in advance.

[JimVaPhuong 4,863]

JimVaPhuong, thanks for reply.

I have a permanent green card based on marriage to my husband, so it doesn't really affect me in terms of status, but it will affect me for sure if mom has to go back - she's completely alone there, and my heart will be torn apart before I know it.

I have already posted here before, but some things are still not quite clear to me.

-Some say she is fine until her conditional status expires in two years. Some say that the moment she gets divorced, she's out of status. What's right?

I've read articles from lawyers that say that conditional status is effectively terminated by divorce. However, I had a discussion on this forum just the other day that caused me to go back and read the relevant law. According to 8 CFR section 216, the conditional status isn't terminated until USCIS says that it's terminated. They are, however, compelled to take action if they determine the conditional resident has been divorced, since remaining married to the petitioner is the main "condition" of their conditional status. If they learn of the divorce then they are supposed to send a notice of intent to initiate removal proceedings. This is when your mother would have to respond by filing to remove conditions or face deportation hearings.

-Another thing, it says he can't withdraw the Affidavit of support unless the marriage has been annulled. Is that true? She has no intention (nor the need) to impose herself on her ex-husband due to his being financially responsible.

He can also withdraw it if she hadn't gotten her conditional residency yet, but that doesn't apply in this case.

The laws for annulment are different in each state. You'd have to check the laws in your state to determine if she could have the marriage annulled.

It doesn't really matter what her intentions are. The government and the courts will decide. If she collects means tested benefits, then they can come after him for reimbursement. The divorce judge could even use the affidavit of support as a basis (in part) to determine whether spousal support payments are required, and how much those payments should be. I suspect her husband is just trying to cover his a**.

-And also, if she applies for a waiver of joint filing requirement right after getting the divorce, does she have any better chance of getting approved rather than waiting until 90 days before her GC expires?

Thank you in advance.

The evidence required is going to be the same, whether she files immediately or waits. She's going to need to prove she married in good faith, which means evidence they lived as a married couple. Evidence they usually accept are things like both names on the lease or title to the home, joint bank accounts, joint tax returns, joint credit and debt, etc. Signed affidavits from third parties are also useful. I suppose the advantage to waiting is that she'll have more time to prepare in case her request for a waiver is denied.

[3600rs 24]

My mom's husband wants to divorce her, and asks for her SSN and her Alien Registration number.

While I can totally understand that the SSN is necessary for the attorney, why would he need the Alien Registration number? Can it be for some reason as to have her green card revoked?

There is nothing lost giving both the numbers. I can find that out even without her not giving. Yes he could shout divorce or fraud with the number at the USCIS, but its the the USCIS to revoke the green card *not* him. What will be the end result --- No one knows! Depends on the DO, depends on the IO, USCIS is erratic under normal circumstances.

Could be taken seriously, could be ignored.

[3600rs 24]

My mom's husband wants to divorce her, and asks for her SSN and her Alien Registration number.

While I can totally understand that the SSN is necessary for the attorney, why would he need the Alien Registration number? Can it be for some reason as to have her green card revoked?

He can't "have her green card revoked". Only USCIS can do that. However, if he sponsored her to immigrate, and if she's a conditional resident, then he can (and probably should) notify USCIS about the divorce. The divorce will change what is required from her to remove conditions and get an unconditional green card. This is true whether he tells them about the divorce or not. However, if he notifies USCIS about the divorce then your mother will probably have to deal with removing conditions before her conditional green card would have otherwise expired. USCIS is supposed to take steps to terminate conditional residency after a divorce. If USCIS is not notified about the divorce, your mother will still have to tell them about it when she files to remove conditions before her green card expires.

As her sponsor, he has an interest in whether she remains in the US or returns to her home country because he can be held financially liable for her support. She can refuse to give him her A number, but that won't necessarily stop him from getting it. If he sponsored her then he likely has documents with her A number on them. The divorce judge can also order your mother to provide the number, since it's relevant to the divorce.

Are you also a conditional resident, and did you get residency as a derivative of your mother (K2 or K4 visa)? If so, then you also have an interest in whether she removes conditions. If she loses her legal status here, then so do you.

JimVaPhuong, thanks for reply.

I have a permanent green card based on marriage to my husband, so it doesn't really affect me in terms of status, but it will affect me for sure if mom has to go back - she's completely alone there, and my heart will be torn apart before I know it.

I have already posted here before, but some things are still not quite clear to me.

-Some say she is fine until her conditional status expires in two years. Some say that the moment she gets divorced, she's out of status. What's right?

-Another thing, it says he can't withdraw the Affidavit of support unless the marriage has been annulled. Is that true? She has no intention (nor the need) to impose herself on her ex-husband due to his being financially responsible.

-And also, if she applies for a waiver of joint filing requirement right after getting the divorce, does she have any better chance of getting approved rather than waiting until 90 days before her GC expires?

Thank you in advance.

As per law she is out of status after divorce, but filing a waiver puts her in status. In real sense, her status is revoked only if an immigration judge orders her removed. I dont think this will go that far.

Filing a waiver with good faith evidence has a good chance of getting approved, I have not seen a waiver denied on this board.

The affidavit of support is on him, and cannot be withdrawn, since there is a rare chance to get annulment approved.

Hope this helps.

[Flavia 1]

JimVaPhuong, thanks again for a helpful answer! I suppose she's just going to wait to remove the conditions until it's almost 2 years, like you said.

I just hope she won't have to leave until then.

[JimVaPhuong 4,863]

JimVaPhuong, thanks again for a helpful answer! I suppose she's just going to wait to remove the conditions until it's almost 2 years, like you said.

I just hope she won't have to leave until then.

As I said, if her husband (ex-husband) notifies USCIS about the divorce, then there is a very real chance they'll send her a notice of intent to start removal proceedings. In that event, she should not wait to file to remove conditions or she will end up in deportation hearings.

It's fine if she plans to wait until the 90 day window before her green card expires to file her petition. It would be wise if she was prepared to file before then, should USCIS sent the letter of intent. She should start gathering her evidence now. As long as she has sufficient evidence then she shouldn't have to leave at all.

[jcrom 2]

Hello, I don't think, he really needs the A# for something, really. Anyway, she can give that number away if he wants it. I don't watch any problem really in case she want to give the number to him.