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  • Petition to remove conditions

    Hello, my wife is Chinese, we've been married for more than 2 years. It's come to the time to apply for her petition to remove conditions (10 year visa). However, the relationship has taken a turn for the worse. Sometimes I just want to cut everything lose, but also understand it would be devastating for her to lose her visa.

    If we continue with the process, apply to for the 10 year visa, and say divorce a year later, what implications may there be? Am I still sponsoring her even if we are divorced? (Responsible for debt, bills, etc?) Am I on the hook for anything that happens to her after divorce if she's still considered to get the visa under my name? Will there be any issues against me if we get divorced going forward? (Taken as fraud marriage?)

    Anything I may be missing?

    Thank you

  • #2
    Divorce a year after your wife obtains her divorce has no particular adverse consequences for her status. But if you really want to be "safe," have her apply for Naturalization when she is 2 years and 9 months from start date of her first Green Card ("3-year rule") based on her marriage to you. Once she is naturalized, your sponsorship obligation ends.

    --Ray B

    Originally posted by Superfan View Post
    Hello, my wife is Chinese, we've been married for more than 2 years. It's come to the time to apply for her petition to remove conditions (10 year visa). However, the relationship has taken a turn for the worse. Sometimes I just want to cut everything lose, but also understand it would be devastating for her to lose her visa.

    If we continue with the process, apply to for the 10 year visa, and say divorce a year later, what implications may there be? Am I still sponsoring her even if we are divorced? (Responsible for debt, bills, etc?) Am I on the hook for anything that happens to her after divorce if she's still considered to get the visa under my name? Will there be any issues against me if we get divorced going forward? (Taken as fraud marriage?)

    Anything I may be missing?

    Thank you

    Comment


    • #3
      Even you do not apply for the removal of condition she can get herself. Your sponsorship obligation ends when she becomes a citizen or leaves the country.

      Comment


      • #4
        The sponsorship ends when:

        1. The sponsored person is naturalized; or
        2. Leaves the U.S. permanently (gives up or abandons her Green Card status)
        3. Passes away

        --Ray B

        Originally posted by bandk View Post
        Even you do not apply for the removal of condition she can get herself. Your sponsorship obligation ends when she becomes a citizen or leaves the country.

        Comment


        • #5
          Originally posted by rayb View Post
          The sponsorship ends when:

          1. The sponsored person is naturalized; or
          2. Leaves the U.S. permanently (gives up or abandons her Green Card status)
          3. Passes away

          --Ray B
          Not much different than what I said. When a person dies that's the end anyway.

          Comment

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