IR-1 and Divorce

[WretchedMidget 0]

I have no intention of divorcing my husband after we spent a year apart going through this mess. However, as it gets closer to getting the IR-1, I started wondering about what that means.

It would all seem a little bit more permanent. Not the marriage itself, because that is already (hopefully) permanant. But, living in the US, starting a life for ourselves, etc.

If, years and years from now, something were to happen, what would happen to my status as a permanant resident? Since this is hypothetical, I'd hopefully be finished school at a US college, with my degree, and working in a fairly successful, high-paying job. Would I need to go back to Canada? Would I need to adjust status over to another type of visa, like perhaps a work-related one, in order to stay? I would assume that since I'd be a legal permanant resident, it wouldn't have any effect on my status, but it's also a family-based PR status. I can't say that I'd have any problems moving back to Canada, if I weren't here because of my husband. However, if I had the perfect job... I might not be so willing to pick up and leave if my marriage somehow failed.

If anyone has any idea, let me know?

Thanks!!

[YuAndDan 153]

Nothing, Entering the country on a IR-1 visa is entering on a 10 year card, it is permanent.

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.
  
• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  
• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  
• Fail to file income tax returns while living outside of the US for any period.
  
• Declare yourself a “nonimmigrant” on your tax returns.
  

http://www.uscis.gov/graphics/howdoi/PermRes.htm#travel

Nothing about divorce would effect the status, the only thing maybe it would effect is when you could be come a naturalized citizen. To naturalize you need to be LPR for 3 years and married to the US Citien for those 3 years, if not you need to be a LPR for 5 years.

One last note: To enter on an IR-1 visa you will have to be married to the US citizen for at least 2 years at entry, if less then it would be a CR-1 and would be a 2 year conditional Green-Card (LPR) and the conditions will need to be removed within 90 days of the card expiration.

Edited November 1, 2006 by YuAndDan

[dmartmar 1]

Why do you want to cross the river now, when you still haven't gotten to it yet?

Edited November 2, 2006 by dmartmar

[meauxna 15]

Once you enter the US with the immigrant visa, or Adjust to PR status without conditions, you are free to stay here as long as you like.

You will not be tied to immigration by your marriage, or lack thereof.

The main change is what Dan says, you would change your schedule for naturalization.

[simple_male 1]

You said you have no intention of divorcing your husband, but then why do you want to discuss this? If you experience problems with your marriage, that time you may think of all that you mentioned? Why now?

I have no intention of divorcing my husband after we spent a year apart going through this mess. However, as it gets closer to getting the IR-1, I started wondering about what that means.

It would all seem a little bit more permanent. Not the marriage itself, because that is already (hopefully) permanant. But, living in the US, starting a life for ourselves, etc.

If, years and years from now, something were to happen, what would happen to my status as a permanant resident? Since this is hypothetical, I'd hopefully be finished school at a US college, with my degree, and working in a fairly successful, high-paying job. Would I need to go back to Canada? Would I need to adjust status over to another type of visa, like perhaps a work-related one, in order to stay? I would assume that since I'd be a legal permanant resident, it wouldn't have any effect on my status, but it's also a family-based PR status. I can't say that I'd have any problems moving back to Canada, if I weren't here because of my husband. However, if I had the perfect job... I might not be so willing to pick up and leave if my marriage somehow failed.

If anyone has any idea, let me know?

Thanks!!