Green Card Delay and Divorce

[nija333 0]

I am the US citizen and I brought my husband and step-daughter here using a CR1/IR1 visa. It took a long time but they finally were approved and we all arrived together in the USA in April 2015. Since arriving, my husband has become incredibly emotionally abusive and manipulative and I decided to file for a divorce. Their green cards still hadn't arrived (USCIS said they had some sort of trouble with the system) but I figured the green cards would arrive by the time the 3 month divorce waiting period was up. After many service requests and info pass appointments, my husband's green card finally arrived in December. Now my lawyer tells me that the official waiting period is up and I can finalize our divorce when I am ready. I am 100% ready to file but we STILL don't have my step-daughter's green card and I don't want to leave her hanging without the official card. None of this is her fault and it's sad that she is stuck with such an abusive father. I am working with my local senator's office and the woman there says that the request in into USCIS but they said they have had all sorts of processing problems and back ups.

If the divorce becomes finalized before she receives her actual green card, what happens? Would they not send her green card?

Is there anything else I can do to speed up the green card process at this point? I feel like I've done everything I can (service requests, dozens of phone calls, info pass, senators office, etc). The website STILL says "Optimized" and it's almost been 10 months!

Please help, I am desperate to be officially out of this marriage but don't want to punish my sweet step-daughter!

[newacct 688]

They (your husband and step-daughter) became US permanent residents immediately upon entering the US on immigrant visas. Whether they have the plastic card makes no difference. They already have proof of permanent residency (I-551) in their passport (their immigrant visa turned into I-551); it's effectively a "green card", except it's not green and not a card. They will eventually get the plastic cards, but when they get it or whether or not they get it does not change their status.

If you were married for less than 2 years at the time they entered the US, they (your husband and step-daughter) became conditional permanent residents. That means they must do Removal of Conditions with evidence of bona fide marriage or lose their status 2 years after entry. They can do Removal of Conditions any time after you divorce. It will be their responsibility to apply for this (apply for both him and his daughter).

[Pitaya 2,577]

~Moved from Fam.-based AOS to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

[nija333 0]

Thanks for your response. We had already been married 2 years when they entered the country so they have (will have) 10 year green cards.

Is there anything else I can do to figure out what is going on with my step-daughter's green card?

What if we reach the 1 year mark where they're passport stamps (I551) are no longer valid and she still doesn't have her physical green card?

[newacct 688]

What if we reach the 1 year mark where they're passport stamps (I551) are no longer valid and she still doesn't have her physical green card?

Then she will go to the USCIS office to get an I-551 stamp, as well as ask them what is going on.