Wife (On 2 Year GC) and I (US Citizen) got Divorced. What do I need to do?

[GabeTravels 5]

Hey all.

 

My wife moved to the States in October 2019 on a K1 visa. We got married in December 2019. She received her conditional green card in March 2021.

 

Things were going well, but last summer it became clear things were not working. A few issues, but the biggest challenge was her being so far from her family. She flew back home to spend some extended time there, and after a few months taking time for ourselves, we decided to separate and file for divorce, as she couldn't see any way of living in the US away from her family.

 

Thankfully, there's no children in the picture, and while I think we both wished things turned out differently, no animosity in divorce proceedings.

 

The big question I have is, what do I need to do (if anything) regarding USCIS? She left the country in October and has no intention of returning. Her current, conditional green card expires March 2023. Do I need to notify anybody about our change in status? Or is her current green card valid until expiration, and then we just don't apply for the permanent green card?

Edited August 1, 2022 by GabeTravels

[Adventine 3,196]

If she is sure that she no longer wants to live in the States, she should file to relinquish her green card.

 

USCIS process: https://www.uscis.gov/i-407

 

This is important so that she avoids being liable for US taxes going forward. IRS guidance: https://www.irs.gov/individuals/international-taxpayers/residency-starting-and-ending-dates

 

A more accessible explanation: https://www.expatriationattorneys.com/green-card-u-s-exit-tax-8-years/#What_if_my_Green_Card_Expired_Several_Years_Ago

 

Quote

Just because the green-card expires does not mean the person has relinquished their permanent resident status, absent additional action taken by the green card holder. In other words, a green card holder must voluntarily abandon their green card. Otherwise, simply because a person’s green card expires does not mean their U.S. status expired.  The green card is used to represent that a person has gained legal permanent resident status. Conversely, if a legal permanent resident loses or misplaces his or green card, that does not mean that the person has lost their permanent resident status.

 

[Crazy Cat 41,856]

1 hour ago, GabeTravels said:

Hey all.

 

My wife moved to the States in October 2019 on a K1 visa. We got married in December 2019. She received her conditional green card in March 2021.

 

Things were going well, but last summer it became clear things were not working. A few issues, but the biggest challenge was her being so far from her family. She flew back home to spend some extended time there, and after a few months taking time for ourselves, we decided to separate and file for divorce, as she couldn't see any way of living in the US away from her family.

 

Thankfully, there's no children in the picture, and while I think we both wished things turned out differently, no animosity in divorce proceedings.

 

The big question I have is, what do I need to do (if anything) regarding USCIS? She left the country in October and has no intention of returning. Her current, conditional green card expires March 2023. Do I need to notify anybody about our change in status? Or is her current green card valid until expiration, and then we just don't apply for the permanent green card?

She can:

1.  Surrender her GC as explained by @Adventine, or:

2.  She can just let it expire.  If she fails to file a proper I-751 before card expiration, she will not be able to use it to return to the US.  She will be seen as abandoning her status.

If there is any chance of reconciliation before the GC expires, option 2 is the way to go since she will retain status for a while.

Edited August 2, 2022 by Crazy Cat

[arken 4,197]

39 minutes ago, GabeTravels said:

what do I need to do (if anything) regarding USCIS?

Nothing.