Separation After CR1

[spirit74 0]

My husband came on a CR1 in November, received his temporay GC and proceeded to return to caribbean in January, 2006 because he did not like the weather. I consider this abandonment to the fullest and I am considering divorce. Since he only has a temporary GC, if I do nothing would he be automatically barred from the US upon expiration of the Green card. Thank for any help I receive.

[scy 0]

My husband came on a CR1 in November, received his temporay GC and proceeded to return to caribbean in January, 2006 because he did not like the weather. I consider this abandonment to the fullest and I am considering divorce. Since he only has a temporary GC, if I do nothing would he be automatically barred from the US upon expiration of the Green card. Thank for any help I receive.

He may be barred if he stays out of the US longer than 1 year. You divorcing him will not affect his ability to reenter the US with conditional residency. However, he might not be able to remove conditional residency if he is not married to you. Sorry about the marital issues. Hope you get them resolved.

BTW, you're still liable to support him per the I-864 for 10 years or 40 quarters of work even if you divorce. So if he chooses to come back to the US and can't support himself, you're liable.

Edited March 5, 2006 by scy

[spirit74 0]

My husband came on a CR1 in November, received his temporay GC and proceeded to return to caribbean in January, 2006 because he did not like the weather. I consider this abandonment to the fullest and I am considering divorce. Since he only has a temporary GC, if I do nothing would he be automatically barred from the US upon expiration of the Green card. Thank for any help I receive.

He may be barred if he stays out of the US longer than 1 year. You divorcing him will not affect his ability to reenter the US with conditional residency. However, he might not be able to remove conditional residency if he is not married to you. Sorry about the marital issues. Hope you get them resolved.

BTW, you're still liable to support him per the I-864 for 10 years or 40 quarters of work even if you divorce. So if he chooses to come back to the US and can't support himself, you're liable.

Thanks for your insight but I think if he does not like it now and is gone he might not like it later on. At least I'm hoping. And besides he will need my help to lift the conditions and I'll have to decide whether to do that or not.

Thanks.

[meauxna 15]

My husband came on a CR1 in November, received his temporay GC and proceeded to return to caribbean in January, 2006 because he did not like the weather. I consider this abandonment to the fullest and I am considering divorce. Since he only has a temporary GC, if I do nothing would he be automatically barred from the US upon expiration of the Green card. Thank for any help I receive.

hey spirit---sounds like things got worse.

Here's a couple of things for you to chew over:

How Do I Remove the Conditions on Permanent Residence Based on Marriage?

http://uscis.gov/graphics/howdoi/remcond.htm

What if I am Late in Applying to Remove the Conditions on Residence?

If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you.

You should have a look at that page and see if any of the other info is of use to you.

While the I-864 is not terminated by divorce, it doesn't exactly lead to direct support for the immigrant. It's pretty specific in what's covered and what's not. If you're still talking to 'him', you might want to make sure HE is clear on how little the I-864 will do for him.