getting a divorce on a green card and stay in the us

[Doug & Pam 3]

If he has only had his green card for 23 months and he was sponsored by his wife are you sure he has a 10 year Green Card and not a Conditional 2 year one? Normally you start on a Conditional Green Card that is good for 24 months then you file to remove conditions right before you hit 24 months. If you are still with your spouse then you get the 10 year Green Card. Once you have the 10 year Green Card you are free to do what you want (divorce) as all conditions are "lifted".

[JimVaPhuong 4,863]

If he has only had his green card for 23 months and he was sponsored by his wife are you sure he has a 10 year Green Card and not a Conditional 2 year one? Normally you start on a Conditional Green Card that is good for 24 months then you file to remove conditions right before you hit 24 months. If you are still with your spouse then you get the 10 year Green Card. Once you have the 10 year Green Card you are free to do what you want (divorce) as all conditions are "lifted".

He said they had been married for six years. A conditional green card is usually only issued if the immigrant and USC have been married less than two years. 23 months ago they would have been married for 4 years.

[garfield529 47]

Right, he has only been in the US for 2.5 years. Once he came in at that point he would have been issued his 10 year card. OP, please understand that when we say 10 year card it doesn't mean he has been here for 10 years, it means that is the valid period of the card. He would either file for citizenship or renew his 10 year card before it expires in the future.

[fazmo 24]

Once someone has his 10-year GC, he has neary all the rights and privilages a US citizen has. He can divorce his wife and he would still be entitled to live, work and study in the United States for as long as his residence permit runs (which can be revoked/cancelled only by him or the US government). The sponsors of the affidavit of support cannot withdraw at this time even after divorse. Either the lawyer who told him he can't divorse and stay is bogus or he was given the wrong info.

[helping a friend 0]

not even the worst of the ambulance chasers who took the bar exam 10 times would say that. make sure you get the right info from your friend.

Ok i talked to him last night and this is what he told me

His laywer told him that the safest way to stay in the us was to hangin and get the citizonship.

Then when he asked about the green card and if he was not alowed to stay there if he divorced her he said that the green card would be taken back as it was based on the wedding.

All in all he was told to hangin for as slong it took before he could divorce her because her parents are his sponsor.

Thats why i started this topic to see if i could help him out

[helping a friend 0]

not even the worst of the ambulance chasers who took the bar exam 10 times would say that. make sure you get the right info from your friend.

I talked to him last night and here is what his laywer told him

He asked if his green card was still good if he divorced his wife or what would happen to him.

He was told that the green card (aslong as he was not a citizen) only worked aslong as he stayed with his wife.

He he to stay and wait to become a citizen so he that way can stay in the usa, if he divorce her before that he will be kicked out as her parents are his sponser.

If he desided to end it then her parents could revoke the sponsorship and get him kicked out.

That is what he was told and that´s why he is still with her

[LIFE'SJOURNEY 970]

Why don't he just talk to another lawyer and get all of the facts that pertain to his immigration and marital situation from another bias source. No matter what happens, he will need a lawyer to divorce any how. So just man-up and start there.

[Harpa Timsah 13,258]

I talked to him last night and here is what his laywer told him

He asked if his green card was still good if he divorced his wife or what would happen to him.

He was told that the green card (aslong as he was not a citizen) only worked aslong as he stayed with his wife.

He he to stay and wait to become a citizen so he that way can stay in the usa, if he divorce her before that he will be kicked out as her parents are his sponser.

If he desided to end it then her parents could revoke the sponsorship and get him kicked out.

That is what he was told and that´s why he is still with her

This is the stupidest thing I have ever heard.

Even people with a 2-year GC can divorce and keep their GCs as long as they entered the marriage in good faith. With a 10-year GC, there are no further checks on him and his marriage. The only way it would be taken away is if it was found out he committed fraud.

[helping a friend 0]

not even the worst of the ambulance chasers who took the bar exam 10 times would say that. make sure you get the right info from your friend.

Here is what he told me last night that he was told.

He have to stay married to the wife until he become a citizen or the green card will be void and since its her parents that are his sponser, he was also told that IF he desided to leave her here and now that they could get him kicked out of the country as they could recoke the sponsership.

Thats why he is still there and is livving in hell

[Harpa Timsah 13,258]

Here is what he told me last night that he was told.

He have to stay married to the wife until he become a citizen or the green card will be void and since its her parents that are his sponser, he was also told that IF he desided to leave her here and now that they could get him kicked out of the country as they could recoke the sponsership.

Thats why he is still there and is livving in hell

We already told you this is WRONG. Read the instructions on sponsor's responsibilities. :bonk: This is all misinformation and third-hand stories.

Edited August 20, 2011 by Harpa Timsah

[LIFE'SJOURNEY 970]

Here is what he told me last night that he was told.

He have to stay married to the wife until he become a citizen or the green card will be void and since its her parents that are his sponser, he was also told that IF he desided to leave her here and now that they could get him kicked out of the country as they could recoke the sponsership.

Thats why he is still there and is livving in hell

Is this information being supplied by the lawyer who did their immigration papers. If so, then the lawyer is speaking on be-half of the parents, who are trying to protect their interest. I can see why the lawyer and parents are saying these things. No one wants to be responsible for someone else. The parents are quite aware of the responsibility that signing the 864 form tied them too.

AS stated, the gentlemen can divorce his wife and move on if he wishs to do so. But on be-half of the parents, he should try to obtain his citizenship as soon as he can so the parents can be relieved of their responsibilities that tied him and them to the 864 form.

This is what happens, when you involve others in your immigration. I say if you can't afford to bring him/her on your own merit, then they should have waited until they could have afford to. But, thats water under the bridge.

GET A LAWYER, and MOVE ON.

Edited August 20, 2011 by LIFE'SJOURNEY

[helping a friend 0]

First i want to say sorry for the repeat post but i did not see it on the page and did not until now look for page 2

Second is that he told me that he would try and find another laywer monday and talk to them since everyone on here seem to know the fact and the laywer dont.

Thank You all for the help you have given him and i will keep you posted on how it turns out.

Edited August 21, 2011 by helping a friend

[newlyweds2010 208]

if this is really what his lawyer told him, then he better change the lawyer. I assume that this is not an immigration lawyer (is he even a lawyer? seriously, these answers are completely wrong).

[helping a friend 0]

if this is really what his lawyer told him, then he better change the lawyer. I assume that this is not an immigration lawyer (is he even a lawyer? seriously, these answers are completely wrong).

His lawyer is a immigration lawyer i have his name and have looked him up online, he already payed this lawyer for the entire paperwork all the way inc. the cizienship are in hand,well her parents had to pay him by check as my friend at that time did not have any credit cards or checks so all payments was mad by them in they name and not his name.

Can anyone help me with a few names on good lawyer´s inthe us that might not even be in his state that he can call and talk to or does the new lawyer have to be in his state inorder to give a right answer?

He found this lawyer and he took contact to him the first time but there after it was all done with her parents with his side everytime there was something that needed to be told or signed.

[fazmo 24]

Out of topic: his in-law parents seem to be kind and helpful. They also put some effort into that marriage. It would be nice if he at least makes them aware of his marriage problems and why he needs a divorce before he makes the final move. I know that is hat I do in this situation. If the wife didn't meet her obligation, her parents still deserve appreciaion for what they have done so far.