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

[ingridj]

Here is my story. My husband an i have been married since october2001. We've been going back and forth for most of our marraige since i had to raise my kids and he had to go to college. I lived in the Us from April07 to december08. I had to come back to Canada December 2008. I am a Canadian citizen. My husband stayed in the States, he is an American citizen. For various reasons, from the economy to him loosing his job, my son loosing his job here in Canada and me being pulled in two different directions, I had no choice but to come and help my son first. As a result of that things with my husband continued to go downhill from there. June 15 we separated. Now he wants a divorce. He asked for my financial information but I would like to go back and live in the States. We lived in Los Angeles. I miss it because i consider that my home now rather than here in Canada. I cannot go back to the US right now because of the economy, its too risky to try to go with no stable job or job whatsoever.
I've tried various ways to get the government agencies to help me figure this out to get my application in sot hat I do not lose my residency status. With my husband wanting the divorce, I do not know what that will do to my status, will I lose it? The divorce papers as far as I know have not been filed yet and I know that in California they give you 6 months before they dissolve the marriage.
how can i do it so i do not lose it? Please help?!

[agnelson]

Your GC is not dependant on being married anymore, so divorce by itself will not risk your GC.

However remaining in canada and not in the US will.

To maintain your GC, you need to file for a re-entry permit I-131, from within US (they need to schedule a fingerprinting), otherwise you will not be allowed to enter if once you have been out for a year from last visit. This will buy you 2 years outside US.

But, at some point -- even now, a POE could ask you "where do you live". If it is evident that it is canada, and you have insufficient ties in US (no home, etc), they will start the process of killing your GC. Permanent resident of US means just that, after all.

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.

[Reba]

Right now you are really close to losing your green card status, just by having left the US and gone to live in Canada. Did you have a 2 year conditional card, or a 10 year card when you left? What is the expiration date on it?

As mentioned, your status is no longer dependent upon your marriage, (unless you had a conditional 2 year card, then it may not be renewed if you divorce, sometimes yes, sometimes no). If you have a 10 year card though, your marital status has no bearing on your immigrant status whatsoever.

HOWEVER, like I said, just because you left the US and are now living in Canada you may have lost your status. If you return to the US before one year is gone since you left, they MIGHT let you back in, or they MIGHT revoke your green card. No one here can say for sure what CBP will do when you get to the POE.

[agnelson]

The expiration date on the card means little. They have been married long enough that the conditional card is long gone anyways.

[Reba]

aha, but she was going back and forth for the first few years of marriage, and may not have even got PR status until later.

[agnelson]

Doesn't matter. I once thought that too, but Conditional GC only applies in the first 2 years of marriage, regardless of when the GC is actaully awarded. If her GC was awarded anytime after they second anniversary, it is unconditional. And if it was first awarded as conditional, she was forced to renew years ago.
Glad I was able to clear up a(nother) misconception on this board.

Cheers.

[Steven]

Basically from the sounds of it you have a ten-year LPR card, so if you spend more than 365 days out of the country or you move your principal residence, etc. (it's a bit subjective) you lose your LPR status. The only way to maintain it is to move back, essentially. It doesn't sound like you have three qualifying years for citizenship. You can't apply for a re-entry permit if you've already moved, unless you want to try and fudge it by going back until you get the permit.

[agnelson]

This case highlights why I always advise GCs to get USC whenever they can -- especially if married to a USC.