can i file for termination of green card of my spouse due to divorce?
Sep 10th, 2009 | By oldhippydude | Category: Immigration
ayet asked:
i sponsored my husband to have his immigrant visa. it’s been 3 yrs since he had this status and unfortunately we have to settle a divorce. since i was the one who is responsible for my husband’s acquiring the immigrant visa, can i file to terminate his status due to divorce/cruelty and send him back to his country of origin?
i sponsored my husband to have his immigrant visa. it’s been 3 yrs since he had this status and unfortunately we have to settle a divorce. since i was the one who is responsible for my husband’s acquiring the immigrant visa, can i file to terminate his status due to divorce/cruelty and send him back to his country of origin?
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you can report him to immigration
Nope. After he was married to you for TWO years his I-551 is his to keep.
First off, how did he come to the U.S.??? Did he have his green issued to him immediately after making his entry into the States??? Next, has he already filed and got approval of his I-751 that we would have had to file jointly with you at least 90 days prior to his 2 year residency expiring??? If he already has, his status in the United States cannot be revoked and he deported for not really breaking any law.
Not his fault that the marriage did not work out…now if you have evidence that he married you just to get his green card something could be done, but you would have to have some really conclusive evidence.
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Unfortunately, there’s nothing you can do, particularly not if he has his 10 year green card.
If he only has conditional residence, then him getting permanent residency will be slightly more difficult without your support, but it’s certainly not impossible.
You could try claiming that he married you fraudulently, but you would have to explain the intervening years and provide some extremely concrete evidence.
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No—it’s been 3 years since he first got the paperwork, in those 3 years you have been legally married, and filing for divorce will not jeopardize his status any longer—he can already apply for citizenship. You can try, but I know for fact that couples have to show at least 3 years of marriage before the 2nd alien card is issued—and if he got that one already then it is too late—
NO ITS HIS TO KEEP. STOP BEING MEAN DONT TRY TO PUNISH HIM.
No, there’s nothing you can do about it. Also, the affidavit of support lives on after the divorce. You’re still responsible for him until he’s worked 10 years or becomes a US citizen. Congratulations.
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Yak is correct. Hopefully you can prove that he is past the 40 working quarters requirement. Check into that if you haven’t already. After 2 years of being married, he should have already applied for permanent residency.
“Your obligation to support the immigrant you are sponsoring
in this affidavit of support will continue until the sponsored
immigrant becomes a U.S. citizen, or can be credited with 40
qualifying quarters of work in the United States. Although 40
qualifying quarters of work (credits) generally equates to 10
years of work, in certain cases the work of a spouse or parent
adds qualifying quarters toward eligibility. The Social
Security Administration can provide information on how to
count qualifying quarters (credits) of work. The obligation
also ends if you or the sponsored immigrant dies or if the
sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation.”
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At this point, nothing can be done. You will just have to live and learn from the experience.
Sorry.
Perfect. Listen to Gin, let’s help him stay here because we have a lack of immigrants!
Why did you do this in the first place? I don’t care about the sentimental side that you once loved him, I can about the side where you were so happy to bring another immigrant into our country and now want help getting him back out because you don’t get along any more. Thanks for the sponsorship! You didn’t help us at all.