My brother is living in the US and got his greencard last year because he married a US citizen. He and his wife are now seperated, will he be deported or is he okay now that he has his greencard. He is Canadian.
2006-08-21 04:24:21 · 13 answers · asked by Anonymous in Politics & Government ➔ Immigration
as it's been stated, if he has a permanent greencard (expires in 10 years from the date he got it) he's fine, if he has a conditional one (expires in two years) he's still ok... just one small glitch.
before the 2 year expiration date, 90 days before to exact, he needs to submit evidences that he and his wife are really married and not just fake married for immigration purposes. If the couple is still married at this point, still being married is the strongest evidence there is, but he doesn't need to still be married to get approved. However, he still needs to give evidences they were together in real marriage and not just fraud.
These evidences are the same exact ones he gave for his initial INS meeting where he was given the greencard (the conditional one), if he got lucky and was given a permanent one, then he doesn't have to do this.
Anyway, if he divorces her, then he should gather up as MUCH evidence as he can about their marriage, any documents he has, mail, bank account information, anything that has proof that while they were married, they were REALLY married, and when it comes time to apply for the conditions to be remove, he has to apply for waiver because they divorced. Now, he submits his waiver application, the application to remove the conditional status, and all the evidences they were really married when he was approved conditionally, plus the divorce proceedings stating the reasons why they divorced. From then on its up to the INS agent to decide if he wants to believe it was real... if he does, he'll receive a 10 year card, and in 3 years he can apply for citizenship (5 years from the moment he first received the GC), if he's not approved, he can appeal, but would need to have a good appeal case... this shouldn't be as troublesome as it sounds, it sounds like a lot, but it's really very simple and easy for the agent to believe if it's real that is.
Another good piece of evidence is to have affidavits from people who know the couple (especially people in higher positions in soceity, such as church officials, politicians, CEOs, etc., anyone they know who has high credibility in the community) file an affidavit that he or she can vouch for their marriage as being real. A third party that can vouch for their marriage that isn't directly related to them (family members are harder to believe in these cases) would make his case more credible, whether they decide to divorce now, or wait until he can get the conditions lifted.
The best evidence is, of course, children's birth certificates with both their names... if they have any.
2006-08-21 04:41:34 · answer #1 · answered by corpsnerd09 2 · 0⤊ 0⤋
No. Does he have conditional residency permanent residency? If he and his wife were married less than two years when they applied for his green card then he received conditional residency which is good for two years. At the end of that time they would apply to remove the condition and get permanent residency. If they past that second step then he shouldn't have a problem. If they still need to apply to remove the conditional status then it gets tricky because the couple has to apply together to remove the condition. The easiest thing to do, if she is agreeable, is to apply to remove the condition but not tell immigration about the separation. If he decides to apply without her then there is additional paperwork he needs to submit, a waiver requesting to be able to apply on his own to remove the condition. Either way he should probably talk to an immigration attorney.
2006-08-21 04:53:07 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If he has his permanent green card, I don't think it will make any difference if they are separated. His wife doesn't even have to go to the interview. Problems arise when one of the parties or someone else files a complaint claiming the marriage was a fraud in the first place. Sometimes even people outside the marriage do this out of spite. I would advise him to go talk to an immigration lawyer before he gets a divorce. It's 3 years from the date of his marriage, so he needs to get up to date information from a professional source.
2006-08-21 04:34:01 · answer #3 · answered by Zelda Hunter 7 · 0⤊ 0⤋
unlawful immigrants at the prompt are not eligible for eco-friendly playing cards or "legalization" besides. If her husband had utilized for her immigration even as she became right here illegally, it would want to have uncovered her unlawful prestige and gotten her arrested, detained and deported. She ought to go away the U. S., divorce or no. there is not any way in besides that she receives any visa, eco-friendly card or something even as she is right here illegally. not even marriage can "legalize" an unlawful alien. She both returns voluntarily, or is issue to arrest, detention (reformatory), and deportation. If she got here right here on a fiance or spousal visa, and her husband has not pursued the golf eco-friendly card software, she nevertheless won't be able to stay interior the U. S.. She became purely allowed in to be mutually with her better 1/2, and if the marriage is not a "till lack of existence do us area" relationship, she isn't qualified for a eco-friendly card or something else. the marriage is over, she has no reason to be admitted to or proceed to be interior the U. S., she has to flow abode. No decision. She has to %. her luggage and go away.
2016-11-05 07:29:35 · answer #4 · answered by ? 4 · 0⤊ 0⤋
He must file the proper form AND request a waiver based upon either severe hardship or divorce subsequent to a legitimate marriage. Contact me for more info.
2006-08-21 04:31:08 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No, he will not get deported because his status is legal now and as long as he has the permanet resident he is okay to stay in the US. Now he has to wait 4 more years to become a US citizen.
2006-08-21 04:35:40 · answer #6 · answered by Scarlet 3 · 0⤊ 1⤋
If he has the permanent green card, there is no problem...but if he has the temporary green card then he might be in trouble, tell him to check with his lawyer.
2006-08-21 04:30:57 · answer #7 · answered by Jersey girl on Florida. 5 · 1⤊ 0⤋
depends on why they are separated..... and if it will cost him any finacial hardship that he can prove.... if he separates he is illegible to get a permanent green card if he has a temporary one, if he has a permananet on, he is ok....
he should contact an immigration lawyer if he has a temporary one.... they will tell him the forms he needs
2006-08-21 07:52:50 · answer #8 · answered by crazydeb16 5 · 0⤊ 0⤋
Depends need more info. How long were they married?
2006-08-21 04:32:15 · answer #9 · answered by Jen G 6 · 0⤊ 0⤋
it shouldn't be a problem, since you said that you got his green-card.
2006-08-21 04:37:00 · answer #10 · answered by Anonymous · 0⤊ 1⤋