Ten-Year Green Card removed???

[Catherineli]

Hello everyone,

This is my Chinese lady friend's experience. She doesn't speak much English. So she likes me to post her problem for her. After she has her permanent green card, her American husband applied a re-entry permit for her to visit her family in China. But after she was in China, her husband divorced her, without letting her know, on the grounds of her abandoning the marriage. She didn't have a chance to sign her name and no body officially informed her either about the divorce. Her friend found the news in the local newspaper's notice. So she was shocked very much. Soon, her husband had a Philippine woman. She is still having the green card in her hands now. Here is her questions.

 

(1) Could it be possible that her husband also removed her green card??

(2) What will be the result of the divorce to her concerning her American life? She means the difference between the regular agreement divorce and the marriage-abandoning divorce? She has no intention to ask for money, property from him. Her English is not enough to fight against him. But she doesn't want to have more trouble.

Thanks for her! Any kind of tips are welcome!

Edited January 10, 2015 by Catherineli (see edit history)

[dnoblett]

How long has she been out of the country?

 

1) No, a permanent resident's status is between them and the USCIS, a spouse cannot affect this even through a divorce.

 

HOWEVER, a few points:

• If the card is 2 year conditional, she needs to file to remove the conditions within 90 days prior to the card expiration, this should be done in the states, not from overseas, she will have to file a waiver of the joint filing citing she entered the marriage in good faith.
• If the card is a 10 year permanent one, she should not remain out of the country for an extended time, best to avoid being out of the country longer than 6 months or a year. The re-entry permit should prevent issues if stay out of the country is between 1 and 2 years, however it does not guarantee issues at the POE.

2) Divorce is divorce, should not affect her, sounds uncontested. Kind of surprising he could pull that, some states do require evidence of abandonment or separation for a certain period of time, many courts require evidence he made a good faith effort to contact spouse to divorce in absentia.

 

In his case I surely hope IMBRA law bites him for pulling something like that.

[Catherineli]

Xiexie banzhu!! Her re-entry travelling document seems been one year and a half. She has her permanent ten year green card. Life is beautiful but sometimes complicated. Peace to everyone!

Edited January 10, 2015 by Catherineli (see edit history)

[warpedbored]

If she has been out of the US for a long time the immigration officer at the port of entry can determine she abandoned her resident status.

[Catherineli]

Yes, I've heard of that, Carl. I did ask her how long she has been in China. She said her travelling document of re-entry permit allows her two years in China. So there should not be any problems as long as within the two years.

[Thomas Promise]

Your friend got a bad deal. The person you marry is never the same person you divorce. The problem your friend will be facing how is she going to come back to the USA? How will she support herself with her limited English?

I read a story about a 11/2 years ago about a American guy divorcing his Chinese wife and then in a few days had a Filipino sweetheart. She just didn't show up by taxi. He clearly had her in the wings and thought this out and do this to his wife.

[Catherineli]

Alas, Tom, what you are saying is similar to my friend's case. Sometimes I admire animals. They are never so complicated!!

[Thomas Promise]

Alas, Tom, what you are saying is similar to my friend's case. Sometimes I admire animals. They are never so complicated!!

Mankind differs from the animals only by a little, and most people throw that away.