Divorce/Seperation

[afisher 0]

My wife and I have decided to split up. We are in two different places in life and things aren't working out. We will remain friends and there's no hard feelings between us, it's just how it is.

She is moving back to her country next week, she has her conditional GC and it doesn't expire until Sept. 2012. Do I need to contact anyone or do anything or when her conditional GC expires, that's it?

Will the fact that she has a GC now (that won't be renewed) affect her ability to get a tourist or any other type of visa to America if she wants to visit in the future?

As far as getting a divorce, my state of NC requires a one year separation in order to get divorced. In a year she obviously won't be here so I assume that the grounds would be abandonment? Would that affect her negatively if she were to ever try and get a tourist or any other type of visa?

Thanks for the time to read and answer.

[jaz00mine 8]

yes it can negatively impact her.....she can stay and when she applies to remove conditions she can state you guys were divorced. can you do a no fault divorce in that case no parties are at fault.....

does she want to move back to her country?

[afisher 0]

yes it can negatively impact her.....she can stay and when she applies to remove conditions she can state you guys were divorced. can you do a no fault divorce in that case no parties are at fault.....

does she want to move back to her country?

She's leaving at 6 am Thursday morning. She wants to move back to her country.

As far as her staying here, that's out of the question.

If I can somehow get the one year separation waived she could return ti the states in a few months just to get divorced I suppose.

[jaz00mine 8]

they wont waive the one year separation, its a requirement. best of luck to you

[afisher 0]

So do you know if I need to report anything to immigration or should I just let the GC run out?

[TracyTN 237]

Moving thread from removing conditions forum to Effects of Family changes on immigration forum.

[yohino 22]

She can and should surrender her GC, can be done at the US Embassy in her homecountry.

Doing this could actually "up" her chances as to obtaining a tourist visa in the future, since she willingly gave up her GC the presumtion of immigrant intent would/could be smaller.

Edited March 21, 2011 by yohino

[Brother Hesekiel 2,236]

If your wife wanted to stay, she could. She'd file the I-751 with a waiver shortly before her Green Card expires in September of 2012 and by the time the whole thing is adjudicated, the divorce would be final and she would most likely get her unconditional, 10-year card.

For the same reason, she can fly to her old country ("home" for a lawful permanent resident is the US of A, by the way), and return without problems. If she really wants to stay outside the US, she can surrender her Green Card at any time and exchange it for a tourist visa. That works because tourists visas are usually denied to people based on the assumption that they may overstay their visit and remain in the US. However, somebody who is authorized to stay in the US by being a resident, then returns their card with the words "I really don't want to live in the US" eliminates such a risk and will get a B2 in return.

[afisher 0]

If your wife wanted to stay, she could. She'd file the I-751 with a waiver shortly before her Green Card expires in September of 2012 and by the time the whole thing is adjudicated, the divorce would be final and she would most likely get her unconditional, 10-year card.

For the same reason, she can fly to her old country ("home" for a lawful permanent resident is the US of A, by the way), and return without problems. If she really wants to stay outside the US, she can surrender her Green Card at any time and exchange it for a tourist visa. That works because tourists visas are usually denied to people based on the assumption that they may overstay their visit and remain in the US. However, somebody who is authorized to stay in the US by being a resident, then returns their card with the words "I really don't want to live in the US" eliminates such a risk and will get a B2 in return.

Getting a tourist visa seems like the best plan. When she surrenders the GC will she have to apply for a tourist visa or is it something that she can just request and they'll give it to her?

[Haarp425 26]

As far as getting a divorce, my state of NC requires a one year separation in order to get divorced. In a year she obviously won't be here so I assume that the grounds would be abandonment? Would that affect her negatively if she were to ever try and get a tourist or any other type of visa?

If one moves and intends to live in another state like Washington, he/she can apply for divorce at Lincoln County Court for no-court appearance and it takes usually 3 months to get it finalized/divorced. http://www.co.lincoln.wa.us/

[katiemanny 64]

Getting a tourist visa seems like the best plan. When she surrenders the GC will she have to apply for a tourist visa or is it something that she can just request and they'll give it to her?

After she surrender her GC, she will have to apply for tourist visa and provide evidence of strong ties to her home country to be able to be approved, or she might have to start from scratch again for a spouse visa or fiance in the future in case she wants to immigrate.

The US Consulate doesn't give a lick if you had lived in the US before as resident, show proof of strong ties or visa wont be granted.

Ask the Consul

How can I renounce my legal permanent resident status and still visit the U.S.?

January 17, 2011

Individuals who wish to relinquish their legal permanent resident status but wish to visit the U.S. as temporary visitors should first schedule an interview through the Visa Information Center to apply for a non-immigrant visa. At the interview you will surrender your Permanent Resident Card (“green card”) and be asked to fill out a simple form, which establishes that you voluntarily, willingly and affirmatively wish to abandon your legal permanent resident status. Once the consular officer is satisfied that you have the proper intention and understanding of the law, the officer will take the “green card” and give you a copy of the completed form. It is important to carry a copy of this form when traveling to the U.S.

In order to obtain a non-immigrant visa, you must still comply with the requirements for the visa. Even though you have voluntarily given up your permanent resident status, you still have to prove that your ties to the country that applies to you, are such that they outweigh any remaining ties to the United States. If, though, you have been outside the U.S. for more than one year without pre-approval from the United States Citizenship and Immigration Services, you may be found to have abandoned your permanent resident status. The burden of proof remains with you. Though there are no guarantees that you will receive a non-immigrant visa, normally an applicant who renounces his legal permanent residency is granted a tourist visa.

The abandonment of legal permanent resident status is irrevocable. Individuals who relinquish their LPR status must qualify again for such status by beginning the immigration process anew and re-apply through the usual application process. Individuals should carefully consider their decision to abandon or to renounce their lawful permanent resident status.

Source: http://santodomingo.usembassy.gov/atc-110117.html

Edited March 22, 2011 by katiemanny