how to retain GC- Unique problem

[indianinus]

Hi friends,

I hope i get valuable inputs this time also. My story is old. I got my GC thru marriage. Marriage is gone into dumps due to irreconcilable differences. 2 days back my wife sent me the divorce notice. I am anyways contacting my attorney.

Should i give her the divorce or should i contest for it. i know that once divorced, they will contact immigration and report the matter saying I married only for GC. Mine was a genuine marriage in India, i have pics, videos, certificate everything to prove marriage was genuine.

Now the problem is I want to do Medicine from somewhere like russia, ukraine or china. i want to join next year. it was my dream and i want to see myself as a doctor one day. now my questions are:

1. how do i get my permanent gc after the divorce? what are my chances? is it good according to immigration point of view to give her the divorce she wants.

2. suppose in case i get my permanent GC and I goto pursue my medicine, how do i retain the status of my GC so that i dont give it up?

please give me ur valuable inputs.

[indianinus]

where are all the big GURUS of immihelp????

[C4us]

A GC is for living in US; your plan to study abroad will likely be seen as abandonment.

She can get a divorce even if you do not agree. If you can prove that the marriage was not to obtain an immigration benefit, the gc may be approved. You need an immigration as well as a divorce lawyer.

[indianinus]

C4us,

Thanks for ur reply. As far as i understand, if one has a green card and if he makes at least one trip to the US every year then his status would not be affected because he is making a trip each year. the problem will come when one applies for naturalization because one does not satisfy the physical presence criteria but one can still hold to his legal green card status. Am I right?

If one can pay taxes if he is earning outside the US then thats great but what if one is living as a student and not earning. if he is not earning what taxes will he pay. Do I make sense here.

As far as the divorce someone told me here that, if the divorce gets finalized before the conditional GC expires then one needs to apply immediately and file it alone as it is marriage in good faith which in fact it was. Am I right here also?

Anyone please get back to me.

[knowledgeable]

Here you go ...

...

You will not be able to apply for naturalization ever but may be able to retain the GC for a longer period of time.

You will have to submit to the fact that you did not earn anything and hence did not pay taxes, that brings the question of how did you manage to get the financial support for whatever you were doing - studying, back packing etc.

[indianinus]

Knowledgeable,

I take ur point. But what I want to ask is once you are done studying you come back to the US and then take up a job or whatever and then you start paying taxes and everything that a good average American does.

Then you apply for Naturalization after satisfying the criteria. i don't agree with your statement that you will never be able to apply for citizenship.

As for proving that how you supported your studies etc etc, one can save all the money he/she needs for the entire duration and then pay for the course and the other expenses. I have a decent job and I am saving the money right now.

does someone agree with me?

[knowledgeable]

Since you really, really want ....

... I will go ahead and agree with you. How's that?

You're not clear in your questions and issues. Hence you're not getting responses to your satisfaction.

If and when, repeat, if and when you satisfy the requirements, then obviously yes you can apply for your naturalization. Its a no brainer.

If this still does not convince you, then its in your best interest to consult an attorney.

Good luck.

[indianinus]

knowledgeable,

I am not desperate to get a Yes from you and to agree with me. I just want to have a logical discussion and not a forced one.