Help please

[zeroland 0]

OK, I have a terrible situation and I need some input from whoever might know this. My wife came to the States from Mexico. We did everything correctly, got married, and her kids followed. There has been a (personal) situation arise where she now does not wish to remain married to me. I feel terrible about it but I must respect her wishes and help out however I can. She is due to apply for the 10-year green card with a month or two (I'm not sure exactly when, I'll need to double check.) But now she would like to get divorced and bail out as soon as possible, like by early June. She is concerned about her status. She wants to make sure that there is no problem if she should ever want to visit the US again in the future. Is there anything specific that we need to do to make sure that she can re-enter the US later? Obviously this would have nothing to do with me. She just wants to make sure that there would not be some legal problem hanging over her head if she ever wanted to come back as a tourist. Any thoughts on that? And any thoughts on whether she needs to file for the 10-year, even though she plans on leaving the country soon? Thanks, any help is appreciated

[Cuchita 1]

I don´t know much but I think if she doesn´t apply for the 10 year card then she will loose her residence here in USA. When she goes back to Mex there she will have to apply for a visa like any regular tourist, there she will have to prove that she doesn´t want to come and stay which I don´t think is suspicious as she already had the opportunity to stay as a LPR and she resigned it.

Anyways what most people in her situation do is wait and get the 10 year card and always not spend more than 6 months in her country. So she will have to live here and there, but eventually some people get caught by immmigraton at the port of entry and have their residence taken away. That´s what most people wait to become a US citizen. Which is 3 years after marriage to a US citizen.

Hope this helps.

Good luck!

Edited January 31, 2010 by Cuchita

[coraliesolms 47]

It all seems rather strange, If I was her I suppose I would apply for my 10 year green card and not stay in her home country for too long. Otherwise she will have to go back and re-apply on her own. You seem to be rather caring for someone who just wants to rush off.

[canadian_wife 1,829]

The answer to your question depends on how your wife wishes to return in the future. Does she wish to maintain her PR status? The yes it would be advisable to maintain her current status and apply for her 10 GC. Does she wish to abandon her GC and move back to Mexico permenantly but eventually visit? If so, she would need to show very strong ties to Mexico - obviously since she was once a resident of the US the border patrol would like to see that she has re-established ties to her home country.

Good luck.

[SunDrop 59]

Sorry to read that you're having problems with your relationship. It sounds as though whatever has happened you feel is your fault, and this is why she's wanting to leave and move on with her life as soon as possible.

I just want to say that she doesn't have to remain married to you to continue living in the US. She can remove conditions on her own, as long as she is able to show that she entered into the marriage in good faith. Because you sound like you're trying to do right by her in the circumstances, I'm sure that you would be willing to help her do this. She'll need proof of a bona fide relationship, such as intermingled finances for the duration of your marriage, evidence that she was covered by your health insurance, or was named beneficiary of your life assurance, joint names on bills, etc.

Although I certainly appreciate, having been there myself, what it feels like when a marriage comes to an end; how you just want it to be over and done with so you can move on but you mentioned that her kids have joined you in the US. By staying as a resident in the US, she would be affording them a fantastic opportunity that a great number of people would, and do, risk their lives for. Especially coming from Mexico. I can also understand wanting to return to where you feel safe and have family, friends and familiarity but again, she's not only giving up her opportunity for a better future but also that of her children.

If she removes conditions but divorces you, she would be eligible to file for citizenship for both her and her children after she's been an LPR for 5 years. Once this is secured, she would be able to return to Mexico but if her kids ever wanted to return to the US, they'd be able to do so as citizens.

Good luck, whatever route you all decide on.

[Boiler 46,176]

Not everybody wants to live in the US.

There is a form, but when she gets back home she would complete it and submit it to relinquish her GC status.

To visit in future she would need a Visitors Visa.

She can not maintain GC status by just making visits, she has to live here.

[Darnell 8,479]

as a tourist, no. The onus will be on her to 'prove-up' strong ties to Mexico.

Good Luck !

[zeroland 0]

Thanks for everyone’s input. Just to clarify things a bit, my wife does not want to live here and there. She wants to return there to stay, but would like to be able to return to the US as a tourist at some point in the future. For coraliesolms, I am not just “rather caring” for someone who wants to rush off. I am completely in love with this person and am literally grieving my #*! off as I write this. I feel as if I am dying. She will have no problem showing strong ties to Mexico. Sundrop I do feel as if it is my fault, although I will say that she never really adjusted to living here. I had no idea just how strong the family unit is for her and how powerful an effect it would have on her being removed from it. I think that has contributed to her feeling vulnerable, which is now leading to wanting to bail at the first real problem situation that we have had. I’ve tried to get her to slow down, but to no avail. I don’t just want it to end. I am begging and pleading for her to reconsider. She keeps telling me the same thing over and over-that she wants to divorce and go back. That leaves very little open to interpretation. Boiler, can you tell me more about the form that you mentioned? Do you know what it is called or any other info about it? Thanks to everyone again

[Boiler 46,176]

Thanks for everyone’s input. Just to clarify things a bit, my wife does not want to live here and there. She wants to return there to stay, but would like to be able to return to the US as a tourist at some point in the future. For coraliesolms, I am not just “rather caring” for someone who wants to rush off. I am completely in love with this person and am literally grieving my #*! off as I write this. I feel as if I am dying. She will have no problem showing strong ties to Mexico. Sundrop I do feel as if it is my fault, although I will say that she never really adjusted to living here. I had no idea just how strong the family unit is for her and how powerful an effect it would have on her being removed from it. I think that has contributed to her feeling vulnerable, which is now leading to wanting to bail at the first real problem situation that we have had. I’ve tried to get her to slow down, but to no avail. I don’t just want it to end. I am begging and pleading for her to reconsider. She keeps telling me the same thing over and over-that she wants to divorce and go back. That leaves very little open to interpretation. Boiler, can you tell me more about the form that you mentioned? Do you know what it is called or any other info about it? Thanks to everyone again

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