Published on the World Journal Weekly on September 21, 2014
Q & A 1. 2.
Q&A 1.
Person Divorced from Asylum Green Card Holder Wants to Know if She Can Keep Her Green Card After Divorce When the 10 Year Renewal Date Comes Up.
Xiao Reader:
I got my green card through my husband’s petition, who got his green card through asylum. I came to the U.S. in 2010 and got my green card a year later. But our relationship starts to have problem, and we got divorced. Will my green card confiscated? My son is now working in the U.S and I don’t want to go back to china, when my green card is up for 10 year renewal, will I have trouble?
Dear reader,
If you received your green card through your husband’s petition, the question that I have is whether you are referring to an I-730 follow to join asylum petition or I-130 immigrant visa petition. If you were already his wife at the time that he attained asylum and he subsequently applied for you on form I-730 and you later adjusted as an asylee dependent, a later divorce would have no effect upon your green card. If your husband petitioned for you on form I-130, any problems that you might have would only be associated with whether the marriage was bona fide at its beginning. In the U. S., a large percentage of those who are married become divorced, and so there is no presumption of fraud involved with the later divorce. I also note that with a 10 year renewal, there is no re-adjudication of your right to residence. The program to require renewal of green cards after 10 years was only put in place to discourage counterfeiting of green cards.
Q&A 2.
USC Husband Died After I-130 Petition Was Approved and Case at National Visa Center – Can She Still Immigrate?
A widow asks:
I am Chinese citizen, my husband is U.s citizen. I registered my marriage with my husband in China on March 22, 2013. After we got married, my husband petition for me after he returned to the U.S. All the process were done , the petition is up to the NVC process. In December 26, 2013, my husband passed away. I came for his funeral on January 1. Under this condition, can my husband’s petition for me continue? Can I still get green card? Do I need sponsor? I have been here for 2 months and came here with the tourist visa. How can I get green card?
Dear reader,
As the I-130 petition was already approved, your case for immigration can continue, but you do need someone who can take up the burden of financial support instead of your late ex-husband or you must present other documentation showing that you will not become a public charge. In your case, the I-130 remains valid so long as it was approved prior to your ex-husband’s passing away. If you are already here in the U. S., you can file for adjustment of status on form I-485 adjustment of status to permanent residence. (For other readers whose U. S. citizen spouses may have passed away while the I-130 petition was pending and not approved, the petition is automatically converted to a widow[er]’s form I-360 which can also be used as a basis for adjustment of status.
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