I have my Resident Card, Husband wants a divore after 9 year

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lawsrlawsCanuckAbroad VIP
Posts: 229
Joined: 28 Jun 2009

Re: I have my Resident Card, Husband wants a divore after 9 year

Post Thu Sep 03, 2009 5:24 pm

More information is needed here. I have seen many people receive conditional Cards (CR) when they should have recived IR status. Why? Who knows. If she has only been out around a year, she probably still has a shot. The POE has two choices usually, an I-407 which is the alien giving up the GC under their own free will, or being set up for an NTA in which an Immigration Judge will decide. The NTA is time consuming, but in the end it gives her the chance to plead her case. (usually results in the Judge giving the GC back to the Alien)
I also have seen many people recieve travel documents after they leave the country, as they have it sent to a US address. USCIS seems to care little about people doing this, so it is an option.
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dannykoolSuper Member
Posts: 148
Joined: 16 Oct 2007
Location: Europe

Re: I have my Resident Card, Husband wants a divore after 9 year

Post Fri Sep 04, 2009 11:11 am

If you had been able to stay in US for a period of 3 years with GC, you could have gotten US citizenship, and there would be no issues now.[/quote]

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Is it 3 years including the 2 year conditional period or does the 3 year period begin after...so total waiting time = 5 years
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agnelsonCanuckAbroad VIP
Posts: 3263
Topics: 1
Joined: 26 Aug 2009

Re: I have my Resident Card, Husband wants a divore after 9 year

Post Fri Sep 04, 2009 11:34 am

It is the 3 year total. In fact, strictly speaking, it is having GC 3 years which is the key and then at that time being married to a USC.

To illustrate, you could get an employment based GC, say on january 1, 2009, get married in October 2111 and if otherwise eligible, immediately start natz proceedings, to culminate in citizenship on/after Jan 1, 2112.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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DremaniCanuckAbroad VIP
Posts: 340
Joined: 10 May 2009

Re: I have my Resident Card, Husband wants a divore after 9 year

Post Fri Sep 04, 2009 12:18 pm

I know I'm a bit late but from the sounds of it, her GC has (technically) not expired. Without the filling out of forms jargon and purely my opinion, I think she would be able to enter still being a resident. She just has to get the proper advice and fill out the right forms in order for her journey to be successful. Besides, who wouldn't want to live in L.A. It beats shovelling snow anyday.. :D
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agnelsonCanuckAbroad VIP
Posts: 3263
Topics: 1
Joined: 26 Aug 2009

Re: I have my Resident Card, Husband wants a divore after 9 year

Post Fri Sep 04, 2009 12:46 pm

Shovelling snow is better than breathing soot! :wink:
Last edited by agnelson on Fri Sep 04, 2009 2:31 pm, edited 1 time in total.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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DremaniCanuckAbroad VIP
Posts: 340
Joined: 10 May 2009

Re: I have my Resident Card, Husband wants a divore after 9 year

Post Fri Sep 04, 2009 12:53 pm

by agnelson » Fri Sep 04, 2009 3:46 pm

Shovelling snow is better than breathing soot!


Well, that's your opinion. I'd rather the hot than the bitter cold anyday. If "soot" ever becomes a problem for her, she could shack up here in Florida by the beach 8)
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