Divorce after getting Green Card and SSN?

[buggy22 1]

My friend needs advice on his situation. He is US citizen, marrying a Philippino women and sponsored her to the USA via CR-1 to California.

After getting her 10-yr Green Card and Social Security Card, she went back to Philipine blaming on her mom getting serious sickness. But my friend just found out (via some of her relative words) that she actually had her true love man in the philipine and came back there to live with him (while still married to my friend in the USA).

Question is: if my friend filed for divorce in the Philippine (where they married) and granted, could she come back to the USA after that (since she already had 10-yr Green Card)?

Thanks.

[Ryan H 3,812]

Moved from Moving Here & Your New Life In America forum to Effects of Major Family Changes on Immigration Benefits forum.

[rade2rising 205]

yes she can return. divorcing her is defintely the best way for him to move on and he doesnt need to go to Philipines to do it. there must be more to this story I am thinking though...

[Leatherneck 693]

Yes the wife can return to the U.S. after a final divorce is granted. Your friend can file for and get a divorce in the U.S., he should be advised that getting a divorce in the Philippines isn't going to happen.

[buggy22 1]

what if "she" files for Divorce in the Philippine and it is going to be finalized there (with or without the USA husband in the Philippine), could she still return to the USA? does the length of her stay in the Philippine may affect her return to the States? thanks

[buggy22 1]

Since she stayed in USA for only about one month (to get Green Card and SSN), can she ask for 1/2 of his financial assets or alimony if either she or he files for Divorce? thanks.

[hellINTIM 9]

There's no divorce in Philippines!!!!!!! He can file an annulment . If she will exit Philippines every 6

Months ( stay at any land in the USA) and go back to Philippines it won't hurt her gc but it will took forever for her to get citizenship ... This is base on my nephews mom . They doing this in the pass 2 years now..

[Leatherneck 693]

what if "she" files for Divorce in the Philippine and it is going to be finalized there (with or without the USA husband in the Philippine), could she still return to the USA? does the length of her stay in the Philippine may affect her return to the States? thanks

As long as the wife maintains her permanent resident status (green card) she can enter and exit the USA at will, even after they divorce. However, she can jeopardize her permanent resident status (green card) if she does not establish the intent to reside in the U.S. permanently. So yes, the length of stay in the Philippines can affect her ability to return to the USA.

The best thing your friend can do for his own peace of mind, is to file for the divorce and have zero concerns about when or how often the ex/wife returns to the USA. In other words, he should just get divorced and move on with his life and pursue his slice of happiness.

Edited December 26, 2012 by Leatherneck

[Leatherneck 693]

Since she stayed in USA for only about one month (to get Green Card and SSN), can she ask for 1/2 of his financial assets or alimony if either she or he files for Divorce? thanks.

The division of assest and debts and if spousal support is granted will not be determined by how long the wife stayed in the USA just prior to getting a GC and SSN, marriage and how long they were married are the controlling factors.

Spousal support is determined by numerous factors, 14 of which are found in California Family Code Section 4320. However, the court has tremendous discretion in setting alimony, but the amount is determined by a statewide formula using the DissoMaster software. His assests that were acquired before they married are genearlly deemed 'separate property,' the assets and debts acquired after marriage are community property and subject to divison.

If your friend has assets of any significance, get a lawyer, file for divorce in the county where he resides and that will put him in the drivers seat and allow the proceedings to be held in a court convenient to his home/work/business and legal counsel. Then the wife will have to determine if the expense and hassle of traveling from the Philippines are worth the effort.

[Sveta & Ron 23]

also need check into if she still receive support from friend after divorce from what i recall once married a usc made contract with usa to support for 40 quarters/about 10 years unless she remarries

[Fight for Love 98]

first of all there's no divorce in the philippines...only annulment!

if he file for cr-1 and she has the greencard there's no way he could cancel that.

let just hope that she stayed for more than 2yrs in the philippines that way the goverment will consider it "GREEN CARD ABANDONMENT"...and if that happen her greencard will be cancel no matter what.

[Dave&Roza 748]

There's no divorce in Philippines!!!!!!! He can file an annulment . If she will exit Philippines every 6

Months ( stay at any land in the USA) and go back to Philippines it won't hurt her gc but it will took forever for her to get citizenship ... This is base on my nephews mom . They doing this in the pass 2 years now..

There must be more to this as residing outside the US for more than 180 days in any 365 days period will cause the CBP to examine this behavior more closely. You cannot just pop into the US at the 5 month 28 day mark, stay for a couple of weeks and then leave again for another 5+ months. If you can show you have not abandoned your permenant residency, you can do this. The key is making sure you continue to file taxes and have other ties to the US like family. Once you hit the 180 day point, CBP can refuse your re-entry if they can prove you have abandoned your LPR status--this includes several short trips of less than 6 months, but the time outside the US is more than 6 months in any consective 1 year period. If you stay out for more than one year without a re-entry permit, kiss your GC good-bye.

OP: If your friend's wife has left the country and it has been awhile, file for divorce and let her deal with the CBP when she decides to re-enter the US. Who knows, she may not know about the rules on keeping her GC and may loose her LPR status. Your friend is still on the hook for the I-864 until she meets the requirements, but that is only if she applies and is granted any means tested benefit. Have your friend divorce and move on with his life. Do not let her immigration status affect his decisions. The only thing he can do is document her behavior and report it to the USCIS and let them deal with her.

Good luck,

Dave

Edited December 26, 2012 by Dave&Roza

[Karee 4,190]

There must be more to this as residing outside the US for more than 180 days in any 365 days period will cause the CBP to examine this behavior more closely. You cannot just pop into the US at the 5 month 28 day mark, stay for a couple of weeks and then leave again for another 5+ months. If you can show you have not abandoned your permenant residency, you can do this. The key is making sure you continue to file taxes and have other ties to the US like family. Once you hit the 180 day point, CBP can refuse your re-entry if they can prove you have abandoned your LPR status--this includes several short trips of less than 6 months, but the time outside the US is more than 6 months in any consective 1 year period. If you stay out for more than one year without a re-entry permit, kiss your GC good-bye.

OP: If your friend's wife has left the country and it has been awhile, file for divorce and let her deal with the CBP when she decides to re-enter the US. Who knows, she may not know about the rules on keeping her GC and may loose her LPR status. Your friend is still on the hook for the I-864 until she meets the requirements, but that is only if she applies and is granted any means tested benefit. Have your friend divorce and move on with his life. Do not let her immigration status affect his decisions. The only thing he can do is document her behavior and report it to the USCIS and let them deal with her.

Good luck,

Dave

Bolded above should be pinned somewhere. I think some people think a green card is like some kind of tourist visa where you can visit whenever you want. There are residency requirements to keep the green card.

After you get citizenship, then it all becomes a moot point.

[mom2be 4]

My friend needs advice on his situation. He is US citizen, marrying a Philippino women and sponsored her to the USA via CR-1 to California.

After getting her 10-yr Green Card and Social Security Card, she went back to Philipine blaming on her mom getting serious sickness. But my friend just found out (via some of her relative words) that she actually had her true love man in the philipine and came back there to live with him (while still married to my friend in the USA).

Question is: if my friend filed for divorce in the Philippine (where they married) and granted, could she come back to the USA after that (since she already had 10-yr Green Card)?

Thanks.

If I am the husband,I will definitely talk to her personally about the relatives accusation.I won't just sit there and think about the divorce when everything seems unclear.

[shin shin 3]

can u tell your friend to confirm the rumor first before he make any decision?