Divorced after immidiate family immigrated

[Moldova]

My wife and I applied for a green card through my brother in law, who is an American citizen back in 1990. in 2005 the case was approved and by that time we had 2 children. During these 15 years, I had business in my home country and there was no way I could simply leave it and immigrate, so we added them to the case, completed all the procedures and I sent my wife and my two kids (immigrated) to the US while I stayed ( as a non-travelling applicant).
From 2006 till 2012 they kept travelling back and forth to visit me and stay their vacations. Now in late 2011 my wife became a US citizen and so my son (was under 18) while my daughter is still a legal immigrant. I never entered USA during this period.

During my plans to gradually exit from my business in my home country and join my family, and in 2012 things were not very well between me and my wife and we divorced. When I tried to activate my green card, of course, my ex-brother in law would not do the Affidavit of Support for me (since he was the Peitioner) .
Last month I managed to get an Affidavit of Support from am American friend and started the process.

The Immigration Visa section at the US embassy in my home country accepted the Affidavit of support and asked me to send Marriage certificate, police certificate, medical test results and birth certificate. I guess the next step they will ask me to fill a DS-230 where I will admin that I am divorced.

Now, the divorce occured 6 years after the case was approved and the marriage lasted for 22 years. Will the divorce cause any problems pursuing my Green Card?

[sapozhn20]

Good luck!

I'm sorry I don't have an answer for you( but I just want to wish you good luck, I hope everything will be good and you'll get your green card!

[aaydrian]

I don't think it will work at all. And I say this because the only reason/way you are eligible for the greencard you are applying for is because your BIL filed a F4 petition and your were NOT the primary beneficiary (your ex wife was). You only qualified because you were married to the primary beneficiary. If you try to immigrate based on your marriage you could find yourself (& your ex-wife) in hot doodoo because what both of you would be doing is COMMITTING IMMIGRATION FRAUD. Your ex would maybe only pay a fine but you would be banned from America FOREVER! And lets say that you do get away with it now, Immigration & Customs Enforcement (ICE) would deport your behind as soon as they find out even if at the time you are US citizen or still a GC holder. Then you would be banned FOREVER!

Your daughter is almost 21/over right and has no record with the police? What I would do is have the daughter file for naturalization 3 months before she satisfies the 5 yr criteria. So she would be applying at 4 yrs & 9 months and she MUST be over 21. That process will take 6-9 months. Your daughter would then file an I-130 petition (IR5 I think) for you her parent. The entire process for this (from filing to entering the US) should take only 9-12 months.


I could be wrong (doubt it) but still consult with an American immi lawyer just to make sure you know all your options. Becareful though because some immigration lawyers are scammers/suck at their job & don't know crap, will take your money (if you have to pay) and give you shitty advice. So if anyone says anything to you about your situation research it.

Good luck.

[Moldova]

I'm sorry I don't have an answer for you( but I just want to wish you good luck, I hope everything will be good and you'll get your green card!

Thanks a lot for your great feelings. I had many doubts about the timing of the divorce she requested.

[Moldova]

I don't think it will work at all. And I say this because the only reason/way you are eligible for the greencard you are applying for is because your BIL filed a F4 petition and your were NOT the primary beneficiary (your ex wife was). You only qualified because you were married to the primary beneficiary. If you try to immigrate based on your marriage you could find yourself (& your ex-wife) in hot doodoo because what both of you would be doing is COMMITTING IMMIGRATION FRAUD. Your ex would maybe only pay a fine but you would be banned from America FOREVER! And lets say that you do get away with it now, Immigration & Customs Enforcement (ICE) would deport your behind as soon as they find out even if at the time you are US citizen or still a GC holder. Then you would be banned FOREVER!

Your daughter is almost 21/over right and has no record with the police? What I would do is have the daughter file for naturalization 3 months before she satisfies the 5 yr criteria. So she would be applying at 4 yrs & 9 months and she MUST be over 21. That process will take 6-9 months. Your daughter would then file an I-130 petition (IR5 I think) for you her parent. The entire process for this (from filing to entering the US) should take only 9-12 months.


I could be wrong (doubt it) but still consult with an American immi lawyer just to make sure you know all your options. Becareful though because some immigration lawyers are scammers/suck at their job & don't know crap, will take your money (if you have to pay) and give you shitty advice. So if anyone says anything to you about your situation research it.

Good luck.

Thank you for the advise. I have to clarify some issues:
1 my ex-wife did not do anything wrong. She got her GC in 2006 immigrated and the got the US citizenship in 2011
Then she got divorced in 2012. She is not helping at all on my GC issue.

2 i did not do anything wrong. I just contacted the embassy to activate my pending GC
Which was Already approved in 2006 (same f4 case) and I chose not to travel at that time

3 my daughter is 23years but she will not qualify for naturalization as she made her master degree in Europe
And stayed less in the US

4 my argument is that I already qualified in 2006 and we were already married till 2012
When the I V section asks for DS230 I will acknowledge the divorce and attach the divorce certificate

My point again to be clearer : i understand the only reason I got qualified is that me ex BIL applied for his sister who was my wife 1989 and that was true. Now since the case was approved in 2006 does that mean that me as a person is qualified and had my own individual identity and just pending my travel decision? Or still conditional to the old acceptance reasons revisited?

What if we divorced while me and my ex-wife were GC holders? Would i have lost my GC?

[aaydrian]

1) Fine but if she lies by omission (submit any document/info and pretending as if no divorce happened) she would still be guilty in the eyes of immigration.

2) Even though you had a successful interview you don't have a GC, you can't 'activate' a GC and GCs are only issued when in the US so the embassy doesn't have a GC for you or anybody.

3) After 21 your son can file for you.

What's important is what the situation is when the embassy reviews your docs and if what made you eligible in 2006 makes you eligible in 2013. You were approved in 2006 because you were married to the beneficiary. However in 2012 you and your wife broke the only connection you had that would have continued to make you qualified in 2013.
What you are seeking benefites from is the ability to 'Follow to join'. Here's a link to inform yourself. https://www.immihelp.com/following-t...sed-greencard/. If you want info straight from the US government website, USCIS.gov is the place to start.

So to answer your most recent questions:
No
Yes
It wouldn't have mattered
Yes

What's really puzzling to me and what I can't seem to find info on is if you can Follow to join after so many years have passed. This is why I say to talk to an immi attorney or 2 to get the full details and how to proceed considering the timeframe and your marital status.

[Moldova]

1) Fine but if she lies by omission (submit any document/info and pretending as if no divorce happened) she would still be guilty in the eyes of immigration.

2) Even though you had a successful interview you don't have a GC, you can't 'activate' a GC and GCs are only issued when in the US so the embassy doesn't have a GC for you or anybody.

3) After 21 your son can file for you.

What's important is what the situation is when the embassy reviews your docs and if what made you eligible in 2006 makes you eligible in 2013. You were approved in 2006 because you were married to the beneficiary. However in 2012 you and your wife broke the only connection you had that would have continued to make you qualified in 2013.
What you are seeking benefites from is the ability to 'Follow to join'. Here's a link to inform yourself. https://www.immihelp.com/following-t...sed-greencard/. If you want info straight from the US government website, USCIS.gov is the place to start.

So to answer your most recent questions:
No
Yes
It wouldn't have mattered
Yes

What's really puzzling to me and what I can't seem to find info on is if you can Follow to join after so many years have passed. This is why I say to talk to an immi attorney or 2 to get the full details and how to proceed considering the timeframe and your marital status.

Thank you Aaydrian

I got your points and concerns, I just wrote an e-mail to the IV section informing them about the divorce.

I know it is complicated but in 2005. it was only 230 USD - to get the GC!! but few months earlier I was appointed in a regional senior management position in a Global firm with equity option based in my home country. Meanwhile, my father became seriously ill and I believed it will be impossible for me to maintain the green card by physical immigration or by regular stays in the US taking the risk of losing it if I stay 6 months outside the US.

So the precise situation is that after completing all procedures in 2005, we received a notice that we should pay 230 USD for each applicant who intends to immigrate "immediately" as per the instructions. So I paid for my family and thought that any time I would want to immigrate, I only need to update the information, pay the fees and go!

I do not really trust immigration lawyers and I do not know any of them! I know there must be good lawyers somewhere but I will take my chances and inform the IV section at the US embassy and see their reaction. by the way it was a lawyer who advised me not to get the GC before divorce otherwie if I get the GC I will abide to the US divorce laws and will be in a much weaker position facing a US citizen (my ex)

I know that anyway once my son (who is a US citizen) becomes 21 or my daughter (who is still GC holder) becomes a US citizen, I will have my green card. The point is that in all cases, I have to visit the US anyway for some business and also to attend my son's graduation ceremony and as I understand I cannot get a visit Visa while I have a pending immigration case. It took me huge effort and favours to find and convince a US friend to sponsor me and send the Affidavit of Support.

So, I decided to inform the embassy about the divorce and if they deny the case, I will simply drop it all together and get a Visit Visa until either of my kids gets me my green card.

Thanks again for the advice.

[aaydrian]

I see, so you would have been forced abandon your GC but there are 2 options that could have allowed you to keep your GC or return to the US. Those options are:

A Reentry Permit- allows a GC holder up to 2 years outside the US while still maintaining their Legal Permanent Resident's status. People who apply for this permit are persons who can't simply up and abandon their lives in 6 months (immigrant visa validity) and so need extra time to wrap things up.

OR

Returning Resident's Visa - this is applicable to people who were forced to stay outside the US for more than the time allowed. Reasons for not returning on time include things like sickness, very bad turmoil in their home country etc. Pretty much anything that was out of the LPR's control.

Anyway follow the directions of the embassy and if what you're trying now fails at least you have your kids. If your daughter isvoutside the US but is still interested in living in America and filing for you she needs to ensure she's still an LPR.

Best of luck.

[Moldova]

I see, so you would have been forced abandon your GC but there are 2 options that could have allowed you to keep your GC or return to the US. Those options are:

A Reentry Permit- allows a GC holder up to 2 years outside the US while still maintaining their Legal Permanent Resident's status. People who apply for this permit are persons who can't simply up and abandon their lives in 6 months (immigrant visa validity) and so need extra time to wrap things up.

OR

Returning Resident's Visa - this is applicable to people who were forced to stay outside the US for more than the time allowed. Reasons for not returning on time include things like sickness, very bad turmoil in their home country etc. Pretty much anything that was out of the LPR's control.

Anyway follow the directions of the embassy and if what you're trying now fails at least you have your kids. If your daughter isvoutside the US but is still interested in living in America and filing for you she needs to ensure she's still an LPR.

Best of luck.

Yes, I must admit it was a mistake I did not procees my GC in 2005. At that time I did not spend much time studying the legal alternatives and the possible consequences.

My daughter is over 21 . She is a a GC holder and a LPR of course. she is currently in the US till end of May 2013, can she file for me? I though she can only do this when she becomes a US citizen. The USCIS web site says in this regard "A permanent resident may petition for his/her spouse and unmarried child(ren) of any age to immigrate to the United States" not a parent.
So I guess I have to wait until she becomes a US citizen or my son turns 21.

anyway, I already sent an email to the IV section informing them about the divorce and I will ke[[ you updated with their reposnse.

Thanks again for your support and kind wishes.

[aaydrian]

Typically an LPR that did not gain their GC through marriage to a US citizen has to wait 5 years (must be in the US for at least 3 of those yrs I think) before they are eligible for naturalization. However since your daughter did not have continuous presence in the US I don't know if or how long she would have to wait to file her naturalization papers. You guys are gonna have to do some homework on this. Once she finds out if or when she qualifies she should move ASAP on her naturalization followed quickly by filing for you.

[Moldova]

Typically an LPR that did not gain their GC through marriage to a US citizen has to wait 5 years (must be in the US for at least 3 of those yrs I think) before they are eligible for naturalization. However since your daughter did not have continuous presence in the US I don't know if or how long she would have to wait to file her naturalization papers. You guys are gonna have to do some homework on this. Once she finds out if or when she qualifies she should move ASAP on her naturalization followed quickly by filing for you.

Dear Ayydrian

I have contacted the IV section at the embassy and declared the divorce issue. they told me -as you said - that I can not get the GC if I declare the dicorce, I sent them a copy of the divorce certificate and closed the case. No one knows what's good for him.

Thank you so much for you help and good feelings and thanks to everyone who wished me luck.