divorce questions

[pinka 0]

Hi -

I have a similar questions, but it is a bit different...

I am a German citizen and my husband is a US citizen - we currently live in Illinois. We have been married in good faith for a bit over three years and obviously have the photos and paperwork to prove it. We filed a joined petition for removal of conditions together in August 2011 and submitted additional evidence (I guess some stuff was just missing) in early January 2012. I was granted legal permanent residency for 10 years in late January 2012. We decided to end our relationship in early February (honestly totally unrelated to the Green Card issue). I now want to return to Germany to start a new life there again as soon as possible.

We want to get the divorce finalized as soon as possible so we can both move on and I can leave the US as I have to appear before the divorce judge in person. Illinois usually has a 6 months waiting period between filing and the actual divorce. The divorce lawyer that we are sharing to help with the legal stuff now recommended that we can say that we have already been legally separated (although we lived in the same apartment) for 6 months because we didn't have intercourse, which is actually true.

My question is if that would be critical because of the joined petition (and additional evidence) that we filed together during that 6 months period? Would the USCIS think that we lied about it, which we actually didn't at the time ... It's tricky.

My other question is if I will lose my LPR status if I now go back to Germany. Do I have to inform the USCIS? Would it be enough to come to the US for a few days every year to hold on to the LPR just in case? I don't know what the future holds and maybe I would like to live here again some time in the future...

Thanks in advance for your help!

[VanessaTony 3,567]

My question is if that would be critical because of the joined petition (and additional evidence) that we filed together during that 6 months period? Would the USCIS think that we lied about it, which we actually didn't at the time ... It's tricky.

My other question is if I will lose my LPR status if I now go back to Germany. Do I have to inform the USCIS? Would it be enough to come to the US for a few days every year to hold on to the LPR just in case? I don't know what the future holds and maybe I would like to live here again some time in the future...

Thanks in advance for your help!

Yes USCIS would think you lied. There was another person who had the same thing happen to them, the divorce being backdated. Don't do it. You don't need to be in the country to finalise the divorce. You could come back to sign whatever you need to sign.

You basically have 2 years to decide whether you want to return to the US as an LPR. You will need to file (before you leave) for a re-entry permit (form i-131 and pay the fee). This will allow you to stay outside the US (and not need to come back to visit for a couple of days) for up to 2 years. If you stay out longer than 2 years you have abandoned your status. You will also need to continue to file taxes in the US.

Coming back to the US for a couple of days won't help retain your LPR status. You will need to spend at least half the year in the US and even then they can decide that you're visiting the US rather than being a legal permanent resident and revoke your status.

ALSO bear in mind that you can apply to become a citizen after 3 years if you're still married to your USC, OR you apply after 5 years of being an LPR.

I personally advise you apply for the re-entry permit and decide in the next 2 years whether you want to come back. If you don't then hand your card in at the embassy.

[Deputy Purple 1,294]

We want to get the divorce finalized as soon as possible so we can both move on and I can leave the US as I have to appear before the divorce judge in person. Illinois usually has a 6 months waiting period between filing and the actual divorce. The divorce lawyer that we are sharing to help with the legal stuff now recommended that we can say that we have already been legally separated (although we lived in the same apartment) for 6 months because we didn't have intercourse, which is actually true.

My question is if that would be critical because of the joined petition (and additional evidence) that we filed together during that 6 months period? Would the USCIS think that we lied about it, which we actually didn't at the time ... It's tricky.

My other question is if I will lose my LPR status if I now go back to Germany. Do I have to inform the USCIS? Would it be enough to come to the US for a few days every year to hold on to the LPR just in case? I don't know what the future holds and maybe I would like to live here again some time in the future...

First, for an uncontested divorce you don't need to be present in the US. You can move back to Germany now. Then either one of you can file for divorce where you live depending on which jurisdiction will grant it faster.

You can not maintain LPR status by visiting the US for a few days every year. In fact even if you split your time evenly you'd still be looking at losing your LPR status as soon as CBP notices the pattern.

Maybe the better option for you would be to remain in the US for 3 more years and naturalize, of course then you'd have to take steps to retain your German citizenship but once that's done you have the best of both worlds.

[pinka 0]

Thank you Little Miss!

Well, we wouldn't backdate the divorce, just the separation period. And it says in the Revised Revision to NSC Flash #6-2005 (at the beginning of this topic) that even couples that are separated can file a joined petition...

Regarding the form i-131... What does it mean that I will have to file taxes in the US as well? Would I have to pay taxes in two countries then?

Thank you!

[VanessaTony 3,567]

Thank you Little Miss!

Well, we wouldn't backdate the divorce, just the separation period. And it says in the Revised Revision to NSC Flash #6-2005 (at the beginning of this topic) that even couples that are separated can file a joined petition...

Regarding the form i-131... What does it mean that I will have to file taxes in the US as well? Would I have to pay taxes in two countries then?

Thank you!

American LPR's and USC's must file taxes every year, regardless of where they live. Usually if you earn under a certain amount ($90K or something like that) you can file for an exemption from paying taxes on that money but it doesn't mean you don't have to file taxes. You file taxes with the exemption.

Yes you can file a joint petition while separated but like I said, there was another poster who that happened to (backdating the separation) and I recall it wasn't good. I believe it was more of an issue because they interviewed but either way it doesn't look great and it's just not worth the risk.