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

[Reba]

agnelson, I thank you for trying to quash misconceptions here, it's always nice to have a devil's advocate around, but sometimes arguing can only further complicate the situation until/unless we have the entire story from the OP. Which at the moment, we don't.

Again, I will ask the OP if she had a 2 year or 10 year card at the time she left the US. There have been instances of new PRs in the US given 2 year cards, even though they have been married longer than 2 years. Yes, there is a rule that if the marriage is older than 2 years at the time that the green card is issued, it should be a 10 year card, however, some new PRs have been given 2 year conditional cards. Whether it is a mistake on the part of the IO at issue, or based on suspicion and it's deliberate, it does happen.

I myself have been thru the process of US immigration, from K3 to green card. I'm familiar with the ins and outs of it.

Cheers to you.

[agnelson]

No argument.

[lawsrlaws]

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.

[dannykool]

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

[agnelson]

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.

[Dremani]

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..

[agnelson]

Shovelling snow is better than breathing soot!

[Dremani]

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