Immigration Lawyer Ari Sauer – The Immigration Answer Man
Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
My wife has a two-year conditional green card. What happens if we divorce?
QUESTION:
I am a U.S. citizen. I sponsored my wife for a green card and she received a two-year temporary green card. My wife is supposed to apply for a permanent green card before the end of the two years, but we are separated and will be divorcing. Do I have an obligation to continue to sponsor my wife to get her permanent green card even though we are divorcing? Will I have a financial support obligation after the marriage ends?
IMMIGRATION ANSWER MAN:
Your wife received a two-year conditional green card because you were married less than two years at the time she was granted permanent residence. She is required to apply to have the condition removed during the 90 day period before her green card expires. If she is married at that time, she would file an application to remove the condition from her residence by filing a joint application with you, her husband. The point of this application is to show that this was a bona fide marriage and she did not get married for the sole purpose of receiving a green card. However, if the marriage falls apart before she obtains her 10-year unconditional green card, then she will need to file an application requesting a waiver of a joint application to remove the condition. She would file this application after her divorce is finalized, and it does not require the ex-spouse, you, to apply jointly with her. So you do not have an obligation to join your wife in her application to remove the condition from her residence. She will file a waiver application after your divorce is finalized.
But, even though you divorce, you will still be obligated under the Affidavit of Support you filed on behalf of your wife. Whether or not this requires you to provide financial support for your wife after the marriage is a matter of debate in the courts. But if your wife obtains certain welfare-type benefits, it is clear that the U.S. government can sue you for the amount paid out to her. The obligations under an Affidavit of Support continue until she becomes a U.S. citizen, until you can show that she has worked for at least 40 quarters in the U.S., or until one of you dies.
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Ari Sauer is an attorney with SiskindSusser, PC. For Ari’s full bio, visit http://www.visalaw.com/ari.html.You can schedule a consultation with Ari or with one of Siskind Susser’s otherattorneys by calling 1-800-343-4890 or 901-682-6455.
* Due to the volume of questionsreceived, not all questions can be answered. On this blog we answer questionsas a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations areconstantly changing. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of New York and New Jersey. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
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4 comments on “My wife has a two-year conditional green card. What happens if we divorce?”
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Ari Sauer
Ari Sauer is an immigration law attorney with the Memphis office of the Siskind Susser law firm. Ari answers questions on US immigration law submitted by readers. Email Ari Sauer to submit a question. immigrationanswerman@gmail.com
Immigration Lawyer Ari Sauer - The Immigration Answer Man 
Hi I am a conditional green card holder.. I m came in USA before 5 months & now tacking a divorcet.. unfortunately marraige was not worked & we both decided to get matual divorce.. is there affect a my to stay in USA for two year.. & is I loose my social security number too…?? & can I work after my divorce…??
Someone who is in the US as a Conditional Permanent Resident does not lose their status or the benefits of being a US Conditional Permanent Resident if they divorce their spouse. Someone in this situation should consult with an experienced immigration lawyer about when and how to file an application for a Waiver of the requirement to file a Joint Petition to Remove Conditions on Residence.
If you would like to have a consultation appointment with me to learn more about this, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/about-visalaw/our-team-1/attorneys/ari-sauer/ . On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
What if you (10 year Green card holder) were sued by the ex-spouse (US citizen), after the divorce, for taking advantages of the marriage for green card (if it was possible to sue), then would you lose your green card in this case?
In theory it is possible to sue anybody for anything in the US. That does not mean that the person suing will win. I am not aware of any legal grounds for a US citizen spouse to sue their permanent resident spouse for taking advantage of them. But it might be possible with a good enough lawyer. Even if the US citizen spouse were to win such a lawsuit, that would not necessarily result in any affect on the permanent resident’s status, because the state civil courts and USCIS are completely separate entities. It is however possible for a US citizen spouse to contact USCIS and try and convince them that the permanent resident spouse only married them for the green card. However, I am sure that USCIS gets contacted all the time by US citizen spouses claiming this when the marriage falls through, so I am guessing that USCIS takes such things with a grain of salt unless the permanent resident spouse’s actions showed this to be true (for example, they started living with someone else soon after coming to the US). Also, the US citizen contacting USCIS like this is more likely to result in the permanent resident spouse having issues where the spouse has a 2-year conditional permanent residence, rather than the 10-year permanent residence. Finally, if the couple actually did marry for the sole purpose of obtaining the green card for the foreign national, and it really was not a bona fide marriage, and the US citizen spouse was an knowing participant in this fraud against the government, then the US citizen could also find themselves in trouble for knowingly entering a fraudulent marriage and filing the immigrant petition.
If you would like to have a consultation appointment with me to learn more about this, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/about-visalaw/our-team-1/attorneys/ari-sauer/ . On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.