KarlaB Posted August 28, 2014 Posted August 28, 2014 So my stbx is from England and has a green card, not a US citizen, so now I am wondering if he will have to return since we will no longer be married. This will throw a HUGE wrench into everything if he does. I will be totally screwed. Anyone know if he can stay or would have to go? We both have read conflicting information.
GorillaTheater Posted August 28, 2014 Posted August 28, 2014 It's going to depend on a lot of factors, including whether he got his green card through marriage or a job, and how long the marriage has lasted. This site, from the horse's mouth, may be a good place to start: Remove Conditions on Permanent Residence Based on Marriage | USCIS
carhill Posted August 28, 2014 Posted August 28, 2014 If the green card was the fruit of a K1 application being approved and the parties marrying within the parameter of the visa, here's what USCIS says, in part: Remove Conditions on Permanent Residence Based on Marriage Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence. Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must file Form I-751, Petition to Remove Conditions on Residence. Eligibility Criteria Generally, you may apply to remove your conditions on permanent residence if you: Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did; Are a child and, for a valid reason, cannot be included in your parents’ application; Are a widow or widower who entered into your marriage in good faith; Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or Entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse Remove Conditions on Permanent Residence Based on Marriage | USCIS IME, having spent some time with the K1 process in the past, it's the most relevant conditional green card for relationship-based immigration and permanent resident status. If the green card was applied for and approved based on other criteria, as long as those criteria continue to be met, and the card holder operates within the laws governing their residency permit, permanent residence status will continue irrespective of relationships beginning or ending.
Turtles Posted August 28, 2014 Posted August 28, 2014 So my stbx is from England and has a green card, not a US citizen, so now I am wondering if he will have to return since we will no longer be married. This will throw a HUGE wrench into everything if he does. I will be totally screwed. Anyone know if he can stay or would have to go? We both have read conflicting information. I divorced (after 9 years of marriage and having obtained my green card 5 years into it) and it did not affect my status. My ex was pissed, called the CIS and tried to tell them that our marriage was fake but I never heard from them so I assume they told her it was too late for anything like that.
carhill Posted August 28, 2014 Posted August 28, 2014 OP, if this is your current situation: http://www.loveshack.org/forums/breaking-up-reconciliation-coping/separation-divorce/488524-mutual-divorce I have every confidence that your stbx will be able to legally remain in the US. Even if he's not a 'citizen' as in a naturalized citizen, he's been granted permanent legal resident status and has apparently been here a goodly amount of time, if you have a 7 year old child together and they were a fruit of a marriage. He should also be able to travel freely, within the conditions of his green card, should he wish to return to the UK for any reason and then come back here later. As a permanent resident, he's granted many, but not all, of the same privileges as a citizen.
Author KarlaB Posted August 28, 2014 Author Posted August 28, 2014 Thanks I thought he would be okay.. We have been married for 15 years so it's well proven this isnt a fake marriage. Thanks for the advice
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