Filing I-90 Form... Do I require a sponsor?

[JonSagat 0]

Hello there. I'm at a point when I have little time until my 2-year temp Green Card expires. That, and my wife (who is a US Citizen) wants a divorce. I know that she doesn't plan on sponsoring me and neither does her family (she threatens me with it on a regular basis). But my question is, do I actually require a sponsor this time around, since I want to file for I-90, or is that part of the process only needed when someone originally files for the 2-year Green Card and not the permanent (or rather 10-years) one? I should also mention that I have an infant son who was born in the US... would that affect my chances here? Also, I am from Spain and I read somewhere that I could lose my Spanish Citizenship if I am in fact naturalized here. Is that true? Essentially I want to be here for my son even if my wife doesn't love me, but I don't want to be denied entry in Spain should I ever wish to go back.

Edited April 16, 2013 by JonSagat

[Mariana2012 89]

Is the son your wife's child? If he is than that is a strong proof of a real marriage. After you get a divorce you can apply for removal of conditions on your own, you don't need your ex wife. You need to have enough proof that this was a real marriage though.

[JonSagat 0]

Is the son your wife's child? If he is than that is a strong proof of a real marriage. After you get a divorce you can apply for removal of conditions on your own, you don't need your ex wife. You need to have enough proof that this was a real marriage though.

He is her child and we have indeed been married for 2 years. However we have been having problems in our marriage. Due to some acts of violence on her part I had the cops called on her on 2 separate occasions, but when I saw how distraught she was about it (she couldn't get a job or study, plus faced possible jail etc) I wrote a letter to the court and had her charges removed, problem now is that the court now hates me because I made them look foolish. She is clear of all charges now, but I have been warned that she cannot sponsor me now and the fact that I supposedly made the justice system look silly might have an impact on all of this.

[Harpa Timsah 13,258]

You have the wrong form. You do not need I-90. You need I-751. You can file on your own; read over the instructions. You have to prove that it was a bona fide marriage.

[JonSagat 0]

You have the wrong form. You do not need I-90. You need I-751. You can file on your own; read over the instructions. You have to prove that it was a bona fide marriage.

You're right. It makes me feel a little better that I can file this myself and not rely on someone else.

I find this quite a tough spot to be in. I want to stay here merely so my son has a father, unlike myself.

I'm actually very homesick. I imagine there's a lot of people in my situation, so I shouldn't complain. I appreciate your advice.

[Harpa Timsah 13,258]

There is a whole forum devoted to Removal of Conditions. You could check out there for advice. (it's very important that you file the right form though).

Best of luck to you.

[newacct 688]

I know that she doesn't plan on sponsoring me and neither does her family (she threatens me with it on a regular basis). But my question is, do I actually require a sponsor this time around, since I want to file for I-90, or is that part of the process only needed when someone originally files for the 2-year Green Card and not the permanent (or rather 10-years) one?

You do not need a new sponsor. She was already the sponsor for your green card. She will continue to be legally obligated to maintain you at at least 125% of poverty line income, whether she likes to or not.

Also, I am from Spain and I read somewhere that I could lose my Spanish Citizenship if I am in fact naturalized here. Is that true? Essentially I want to be here for my son even if my wife doesn't love me, but I don't want to be denied entry in Spain should I ever wish to go back.

1. You're jumping ahead of yourself here. Naturalization is a few more years down the line (since you won't be married to a U.S. citizen, you will have to wait until at least 5 years after you got your conditional green card to naturalize), and naturalization is completely optional -- you don't have to if you don't want to.

2. I am not familiar with Spanish nationality law. But according to Wikipedia you will not lose if if you were born in Spain. You will lose it if you were not born in an Iberian country.

3. Even if you lose Spanish nationality that does not mean you cannot go to Spain -- it just means you have to get a visa.

[Harpa Timsah 13,258]

She will continue to be legally obligated to maintain you at at least 125% of poverty line income, whether she likes to or not.

That is not true. You misunderstand the obligations for I-864.

[newacct 688]

That is not true. You misunderstand the obligations for I-864.

What is not true about it?