I've got one for you. (green card, marriage, uscis, application)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Hey, folks. Before you tell me to search the forum for similar threads, I have. Been a reader and a browser for several years, never really felt like registering and joining in on the discussions, though. The USCIS website doesn't really offer specific information like this. The people involved might need to hire an immigration lawyer anyway but I wanted to know if anyone's been in a similar situation.
Here goes --
A girl I know from Chicago is married to a guy originally from Norway. Although you could never tell he's not a native speaker by his accent and his sensibilities. That stuff aside ...
The way they met is the guy came here for a trip with his best friend in the winter of 2010. They spent 1 month here, I think, both were on a gap year. Some time after New Year's of 2011, my girl friend and the Norwegian dude met at a party through some mutual acquaintances (guy had been to the US before a couple times and had some buddies in Chicago). Him and my friend hit it off well but since it was such a short period of time they were able to hang out, it didn't really blossom into anything -- there wasn't time. So the dude and his best friend went back to Norway. He didn't end up finishing his degree but that's irrelevant, I guess. Anyway, they stayed in touch via Skype and stuff and became really involved with one another and my friend kept telling me how much she wanted to see him and how typical that she would fall for someone unavailable (as in foreign, not in a relationship).
The guy was able to come to Chicago again for a month and a half in the summer of 2011. My friend introduced him to our entire group of friends and we hung out for a while. Little did I know then, is that they had gotten hitched during that time. But it wasn't an impulsive decision -- it was so they could be together. Going to college in Chicago wasn't much of an option, by the way, financially. Anyway, so they petitioned for him to able to stay, he also had some savings to last him a little while. Now -- before you judge -- yes, they would not have gotten married so soon if immigration hadn't been an issue but it was. So it was simply a matter of love and convenience, I wouldn't say they tried to screw the system or anything. And Chicago was becoming a second home to the guy.
Anyway, they got their stuff approved and they were able to prove that their marriage was legitimate. Everyone in our crew was worried as hell about that since they're pretty young (now 23 and 25) and hadn't really known each other for that long. That procedure wasn't as much of a pain as it's been described to be. Maybe they just got lucky with the officer, I don't really know. So yeah, their wedding date is the 20th of June 2011 so it hasn't even been two years yet but me and the guy have also become very good friends -- in that I can easily hang out with him and he's not "my friend's boyfriend/husband" anymore. He's working full time right now as a supervisor at this clothing store here in Chicago.
Now...
Thing is -- they might be breaking up. The relationship just isn't working. It's my friend (the girl) who told me about this a few days ago and that's what inspired me to make this post -- the guy might not even know how serious it is yet. And it's weird, it's like she's really changed, she spoke so seriously and morbidly about how bored and suffocated she felt in a marriage and stuff like that. He hasn't cheated on her or done anything bad, by the way, I guess they're just young people who grew apart. I also asked her if she was planning to file for divorce and brought it up that this would mess up his life in America. She said she doesn't know yet, they obviously have some stuff to discuss. Maybe it's something they'll work out -- I freaking hope so! -- but I had a couple of inquiries about this situation.
Now ... If she divorces him, what happens to his immigration status? Is the green card stripped away from him and is he immediately sent back to his home country? Would the marriage be declared fraudulent because it ended so soon? Because it really wasn't! I mean, sure there was the fact that it's the only way they could stay together but like I said, they weren't out to screw the system (and that damn system's broken anyway -- just saying).
Or what if they do break up but are able to stay friends and she agrees to stay married to him until he gets his citizenship (which he does want, we've discussed this a bunch of times -- and no, he wasn't a GC hunter, I know y'all can be suspicious). I've heard that the only way American citizenship can be stripped away from someone is if it was through a fraudulent marriage? So let's say he becomes a citizen and divorces her afterwards? Would this cause problems? What if he renounces his Norwegian citizenship, only has the American, and then gets a divorce? Will immigration officials look into the case if there's too small a time gap between becoming a US citizen and divorcing? Would they strip him of the citizenship even if that's the only one he has? What would happen?
I know I'm getting carried away here but the guy really has become a good friend to me over this time and I don't want to see him go, especially seeing as I personally know about 20 Americans I'd willingly deport in order for him to stay. But alas, that's not up to me.
If any of you can shed any light on this, it'd be much appreciated. I'm still waiting to hear back from them so.. I might be getting waaaaayy ahead of myself. Sorry about the long post. Cheers
Well that was a long involved story but the answer to the basic question is simple. No, he doesn't get "stripped" of his resident alien status/green card. He's a legal resident alien of the US under whatever conditions he became so. If you go to the USCIS website linked in the first sticky on this page you'll find a page devoted to the rules for maintaining your resident status which are very simple.
If you friend wishes to become a US citizen after the required time period then he can do so.
Phew, that's a relief to know. Thanks for such a prompt reply, by the way. So do I understand correctly that if he does get divorced, the only thing that would change in his citizenship process would be that he'll need to wait 2 extra years since he wouldn't be married anymore? So 5 years from the point of legalization as opposed to 3?
Well that was a long involved story but the answer to the basic question is simple. No, he doesn't get "stripped" of his resident alien status/green card. He's a legal resident alien of the US under whatever conditions he became so. If you go to the USCIS website linked in the first sticky on this page you'll find a page devoted to the rules for maintaining your resident status which are very simple.
If you friend wishes to become a US citizen after the required time period then he can do so.
He is still on a conditional card. Either they stay married and go through Removal of Conditions together or he will have to proof the marriage was entered in good faith. http://www.uscis.gov/portal/site/usc...00082ca60aRCRD
^^^ Ah, that two year rule! A few hoops to jump through but hopefully they'll work it out and get it sorted out one way or the other.
One hint, OP, and purely based on the problems between these two people and not really to do with his GC status. Stay out of it. The wife shouldn't have confided in you before talking to her husband and, if she does it again you should nicely tell her exactly that. It puts you in a very difficult position since you're friends with the husband.
Oh, tell me about it! I'm not usually even that "guy friend" type. I do care very much for both these people, though. What a sucky situation to be in.
You know, it's interesting how you really don't have to deal with and know about immigration issues like that as an American. I knew a little more about it than my circle of friends did -- mainly because I've browsed through CD so much -- but I remember when the couple was explaining the various situations and procedures to a few of friends who were like "Are you kidding me? He can't just freakin' stay in Chicago?"
Phew, that's a relief to know. Thanks for such a prompt reply, by the way. So do I understand correctly that if he does get divorced, the only thing that would change in his citizenship process would be that he'll need to wait 2 extra years since he wouldn't be married anymore? So 5 years from the point of legalization as opposed to 3?
Do not put the horse before the cart. Without Removal of Condition there will be no Green Card. With no Green Card there is no US Citizenship.
Just to be VERY clear here: if they do not remain married past June 20th, 2013, and complete/submit/get approval for the application for removal of conditional status, then he will lose his conditional green card and be forced to leave the United States.
Hey, folks. Before you tell me to search the forum for similar threads, I have. Been a reader and a browser for several years, never really felt like registering and joining in on the discussions, though. The USCIS website doesn't really offer specific information like this. The people involved might need to hire an immigration lawyer anyway but I wanted to know if anyone's been in a similar situation.
Here goes --
A girl I know from Chicago is married to a guy originally from Norway. Although you could never tell he's not a native speaker by his accent and his sensibilities. That stuff aside ...
The way they met is the guy came here for a trip with his best friend in the winter of 2010. They spent 1 month here, I think, both were on a gap year. Some time after New Year's of 2011, my girl friend and the Norwegian dude met at a party through some mutual acquaintances (guy had been to the US before a couple times and had some buddies in Chicago). Him and my friend hit it off well but since it was such a short period of time they were able to hang out, it didn't really blossom into anything -- there wasn't time. So the dude and his best friend went back to Norway. He didn't end up finishing his degree but that's irrelevant, I guess. Anyway, they stayed in touch via Skype and stuff and became really involved with one another and my friend kept telling me how much she wanted to see him and how typical that she would fall for someone unavailable (as in foreign, not in a relationship).
The guy was able to come to Chicago again for a month and a half in the summer of 2011. My friend introduced him to our entire group of friends and we hung out for a while. Little did I know then, is that they had gotten hitched during that time. But it wasn't an impulsive decision -- it was so they could be together. Going to college in Chicago wasn't much of an option, by the way, financially. Anyway, so they petitioned for him to able to stay, he also had some savings to last him a little while. Now -- before you judge -- yes, they would not have gotten married so soon if immigration hadn't been an issue but it was. So it was simply a matter of love and convenience, I wouldn't say they tried to screw the system or anything. And Chicago was becoming a second home to the guy.
Anyway, they got their stuff approved and they were able to prove that their marriage was legitimate. Everyone in our crew was worried as hell about that since they're pretty young (now 23 and 25) and hadn't really known each other for that long. That procedure wasn't as much of a pain as it's been described to be. Maybe they just got lucky with the officer, I don't really know. So yeah, their wedding date is the 20th of June 2011 so it hasn't even been two years yet but me and the guy have also become very good friends -- in that I can easily hang out with him and he's not "my friend's boyfriend/husband" anymore. He's working full time right now as a supervisor at this clothing store here in Chicago.
Now...
Thing is -- they might be breaking up. The relationship just isn't working. It's my friend (the girl) who told me about this a few days ago and that's what inspired me to make this post -- the guy might not even know how serious it is yet. And it's weird, it's like she's really changed, she spoke so seriously and morbidly about how bored and suffocated she felt in a marriage and stuff like that. He hasn't cheated on her or done anything bad, by the way, I guess they're just young people who grew apart. I also asked her if she was planning to file for divorce and brought it up that this would mess up his life in America. She said she doesn't know yet, they obviously have some stuff to discuss. Maybe it's something they'll work out -- I freaking hope so! -- but I had a couple of inquiries about this situation.
Now ... If she divorces him, what happens to his immigration status? Is the green card stripped away from him and is he immediately sent back to his home country? Would the marriage be declared fraudulent because it ended so soon? Because it really wasn't! I mean, sure there was the fact that it's the only way they could stay together but like I said, they weren't out to screw the system (and that damn system's broken anyway -- just saying).
Or what if they do break up but are able to stay friends and she agrees to stay married to him until he gets his citizenship (which he does want, we've discussed this a bunch of times -- and no, he wasn't a GC hunter, I know y'all can be suspicious). I've heard that the only way American citizenship can be stripped away from someone is if it was through a fraudulent marriage? So let's say he becomes a citizen and divorces her afterwards? Would this cause problems? What if he renounces his Norwegian citizenship, only has the American, and then gets a divorce? Will immigration officials look into the case if there's too small a time gap between becoming a US citizen and divorcing? Would they strip him of the citizenship even if that's the only one he has? What would happen?
I know I'm getting carried away here but the guy really has become a good friend to me over this time and I don't want to see him go, especially seeing as I personally know about 20 Americans I'd willingly deport in order for him to stay. But alas, that's not up to me.
If any of you can shed any light on this, it'd be much appreciated. I'm still waiting to hear back from them so.. I might be getting waaaaayy ahead of myself. Sorry about the long post. Cheers
It's called standing meaning you are seeking advice/legal action about someone or something that really doesn't relate to you. Why isn't your friend asking someone with expertise to give him answers?
It's called standing meaning you are seeking advice/legal action about someone or something that really doesn't relate to you. Why isn't your friend asking someone with expertise to give him answers?
Thanks for quoting the entire damn thing without reading it.
Quote:
Originally Posted by sponger42
Just to be VERY clear here: if they do not remain married past June 20th, 2013, and complete/submit/get approval for the application for removal of conditional status, then he will lose his conditional green card and be forced to leave the United States.
Gotcha. I wonder if they'd also enforce a ban in this case?
Anyway, I think I got my answer. I'll let you guys know how it goes when I hear something more. Thanks.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Standing
